
Gass_ Jit Li 
BooL_ 



Copyright^ 



T74EL, 

1903 



COPYRIGHT DEPOSIT, 



SHORTER COURSE 



IN 



CIVIL GOVERNMENT 



ARRANGED IN TOPICS, WITH NUMEROUS QUESTIONS 
FOR CONVENIENCE IN TEACHING 



BY 

CALVIN TOWNSEND 

Counselor at Law 

Author of ll Analysis of the Constitution of the United States," "Analysis of 

Civil Government." "Compendium of Commercial Law," 

4k Analysis of Letter- Writing," etc. 



- - ■> 






NEW YORK •:• CINCINNATI •:• CHICAGO 

AMERICAN BOOK COMPANY 



THE LIBRARY OF 
CONGRESS, 

Two Copies Received 

JAN 29 1903 

* Copyright Entry 

J**, i*-*/ let 

«USS CU XXc. No. 
COPY B. 



It 



Townsend's Shorter Course in 

Civil Government 

> 

Townsend's Analysis of Civil 
Government 

Townsend's Compendium of 
Commercial Law 

Townsend's Analysis of Letter 
Writing 



Copyright, 1875, by Calvin Townsend 

1 .■',''' 1 ici 1 1 

Copyright.. i9<;>i, l>y American !s3ook Company 
1 Cdpyriglit,' i^dj,' by Edward C. Townsend 



. - 

w. p. 15 



( < ' . 



PREFACE 



THE first attempt ever made to present the subject of 
Civil Government in a really didactic form was made 
by the author a few years ago, through his "Analysis of 
Civil Government." Although the method was entirely 
new and therefore open to fair criticism, that work has been 
received with favor, and is used as the text-book on the 
subject by many of our most prominent institutions of 
learning. From its first appearance, the call for it has 
increased to an extent both flattering to the author and 
gratifying to the publishers. 

But it would be difficult, if not impossible, to prepare a 
text-book on any subject equally adapted to all grades of 
scholarship. A book may meet the wants of a college or 
university, which may not be convenient for use in pre- 
paratory schools. Hence, while the " Analysis of Civil 
Government " has proved its entire fitness for the higher 
institutions, the calls have been numerous from teachers of 
common, select, and grammar schools, for a shorter text- 
book, but on the general plan of the "Analysis." 

Thousands of our live, earnest, devoted educators believe 
with a working faith that the day is not distant when civil 
government will be in the list of compulsory studies in the 
common school. From many of this class of faithful labor- 
ers the author has received letters urging and encouraging 
him to the preparation of this little volume. One corre- 
spondent says, " The common schools do not call for a bet- 
ter book than your 'Analysis of Civil Government/ but for 
one that is shorter, simpler, and more easily taught to the 
boys and girls of ages from tv. °lve to sixteen years. Your 
'Analysis' is all that could be asked in high schools, nor- 
mal schools, and even colleges and universities." 

in 



IV PREFACE. 

This little volume is not intended to take the place of the 
author's larger work, herein referred to. Every teacher who 
uses this will find that book a great convenience, if not a ne- 
cessity, on his table. It dwells more at large and in detail on 
many matters that are but very briefly noticed in these pages. 

The peculiarities of this class-book are in some degree the 
result of friendly suggestions from sources already credited, and 
are as follows : — ■ 

i. The matter is presented by topics and in analytical form. 

2. The chapters are divided into lessons, each of convenient 
length for class drill. 

3. For convenience in teaching, each lesson is immediately 
followed by questions relating to the subject-matter thereof. 

It has not been thought necessary to take up the govern- 
ments of the States and their subdivisions, and treat them, one 
by one, as independent and separate systems. Such a course 
would require not only several ponderous volumes, but each 
must be, so far as the science of government is concerned, a 
substantial repetition of the other. 

Whoever understands the history, purposes, philosophy, and 
grand plan of the General Government, comprehends any 
State government by a mere glance at its Constitution. There 
is such a marked similarity of the State governments to each 
other, and of all to the government of the United States, that, 
when the last named is understood by the student, he fully 
comprehends the others. 

The author submits the result of his effort to the candid and 
enlightened judgment of the great army of educators in the 
United States. He has labored under a most painful burden 
in this last attempt at authorship,— one which he fervently 
prays that neither teacher nor pupil may ever personally re- 
alize. He alone can fully appreciate the embarrassment under 
which this work has been written who has himself attempted a 
similar task with sightless eyes. 



CONTENTS. 



CHAP. PAGE 

I. Civil Government i 

II. Settlement of America 13 

III, Articles of Confederation 17 

IV. Origin of the Constitution 20 

V. Constitution of the United States of America . 25 

VI. Branches of Government 46 

VII. Preamble to the Constitution . . . .52 

VIII. Congress 58 

IX. House of Representatives 62 

X. Senate « 79 

XI. Provisions Common to both Houses . . .95 
XII. Powers of Congress . no 

XIII. Lawmaking 149 

XIV. Prohibitions on the United States . . . 154 
XV. Rights of States 167 



VI CONTENTS. 

CHAP. PAGE 

XVI. State Subordination •'•;»••• 178 

XVII. State Prohibitions • • « «, . . 182 

XVIII. Personal Rights 189 

XIX. Executive • « . 202 

XX. Vice-President . 222 

XXI. Judiciary » 227 

XXII. State Government e 243 

XXIII. County, Town, City, and Village Government^ 256 

XXIV. Taxation 263 

XXV. Education s 267 

XXVI. The Militia • 272 



CHAPTER I. 

LESSON I. — CIVIL GOVERNMENT, 



The word "government," in its general and comprehen- 
sive sense, signifies that influence and power which one 
person or thing exercises over others. The mainspring of 
a watch, for instance, governs the movement of that ma- 
chine. Gravitation governs the motions of the heavenly 
bodies, and, to some extent, of all others. 

A father governs his family. The mayor and aldermen 
of a city govern the affairs of that corporation. The pres- 
ident and professors of a college or univer- Definition of 
sity are called the faculty, who govern the Government. 
institution, as the schoolmaster governs his school. The 
sovereign of a nation governs the people of whom it is 
constituted. No nation could exist, as such, for a single 
month without organized government in some form or 
other. No citizen could enforce his rights to security 
of property and personal safety against the attacks of 
the vicious and depraved. He would not be safe under 
his own roof, but would be in constant danger while sleep- 
ing in his own bed and reposing on his own pillow. 

This would be a condition of fearful anarchy. Under 
such a state of things, no person could feel the least in- 
terest in the accumulation of property, for it would be 
sure to be wrested from him by the hands of thieves and 
robberSc He could feel no incentive to the cultivation of 

1 



2 CIVIL GOVERNMENT. 

fields and gardens, for they would be despoiled by ruth- 
less vandals and reckless marauders. 

Without the power of government in some organized 
form, the sufferers from such outrages could obtain no 
redress, except through those retaliatory measures that 
must lead to anarchy and bloodshed among the parties 
concerned. There would be no tribunal by which to try, 
condemn, and by whose authority to punish, such offend- 
ers. The weak must surrender to the strong, and right 
must give way to might. Mere physical force and brutal- 
ity would triumph over justice and reason. The strong 
man, like the strong beast of the forest, would be king 
among his kindred. But, under the authority of £ood 
government, the bad man, however gigantic in form and 
strength, may be restrained in his vices, and punished 
for his crimes. 

As here used, the word "government " signifies the organ- 
ized means and power that a state or nation employs for 
the purpose of securing the rights of the people, and of 
perpetuating its own existence. 

Government is of various forms, depending on the 
choice of those who have the power to establish it. The 
Forms of Govern- most ignorant nations are governed by 

merit vary. tyrants and despots, who rule without any 
regard to the welfare of their subjects. The caprice of the 
sovereign is the law ; and it must be obeyed, though the 
heads fall from the shoulders of a thousand subjects at a 
blow. Nothing but the profoundest ignorance of the 
people could give security and stability to the throne of 
the despot. " Despotism is the only form of government 
which may, with safety to itself, neglect the education of 
its infant poor." The despot rules without regard to a 
constitution or laws. 

Hence history shows that the more despotic the govern- 



CIVIL GOVERNMENT. 3 

ment, the more ignorant the common people. Let the 
people be educated the world over, and despotic govern- 
ments would be known only as institutions of the past. 
They would be lost in bygone history. 

The statesman knows that a form of government well 
adapted to the condition of a refined and intelligent peo- 
ple is not the form adapted to a people sunk in ignorance 
and superstition. The common schoolhouse is an enemy 
to despotism, and the friend to free government. Intel- 
ligence qualifies the citizen for self-government. It en- 
ables him to judge for himself on all questions affecting 
the public interest. He is not satisfied when denied a 
voice in their decisions. 

While a free government, like that. of the United States, 
is the best possible form for an intelligent and virtuous 
people, on the other hand, it is the very worst for the igno- 
rant and depraved. Under the sway of the latter class, 
the power of administration would be likely soon to fall 
into the hands of political intriguers and ambitious dema- 
gogues. 

The safety of our government depends entirely on the 
virtue and intelligence of the common people. An igno- 
rant voter, with the ballot in his hand, may do as much 
damage to the commonwealth as the mercenary legislator 
or a corrupt executive. 

The following are the principal forms of government 
known in history: I. Patriarchal; II. Theocratic; III. 
Monarchial ; IV. Aristocratic; V. Dem- principal Forms 
ocratic; VI. Republican. In some coun- °f Government. 
tries there may be a combination of two or more of them, 
while in others there may be a modification of any one of 
them. 

I. The patriarchal was the first and is the oldest human 
government. It is family government, or that form exer- 



4 CIVIL GOVERNMENT. 

cised by the father over his family* From the neces- 
sary relations of a father to his household, this kind of 
i. ratriarchai government is founded in nature. It ex- 
Government. i stec j f rom the earliest ages, long before 
states and nations were known, and while there were but 
few inhabitants on the earth. It was the only form until 
several centuries after the Flood. It still exists in some 
parts of Asia, Africa, and among the North American 
Indian tribes. Indeed, in a limited sense, it prevails 
wherever there is a household to govern, though perhaps 
not in the ancient mode. Strictly speaking, it lies at the 
foundation of all good government. When every father 
becomes a true patriarch at home, the national security 
will rest on the moral sense and intelligence of the people. 

II. The theocratic form of government belongs, in his- 
tory, to the Old Testament ages. A theocracy is a form of 

n. Theocratic government under the immediate direction 
Government. anc j administration -of God. The ancient 
Israelites were governed in this manner for nearly fifteen 
hundred years. They received their law on Mount Sinai 
by direct revelation from God. This form of government 
became extinct at the dawn of the Christian era. 

III. A monarchial form of government is one that is 
administered by a monarch. The country, kingdom, or em- 
iii. Monarchial pire over which he exercises jurisdiction is 

Government. ca lled a monarchy. It is that form of gov- 
ernment in which the supreme authority is vested in a single 
person, who is called the monarch. He may be otherwise 
called king, emperor, czar, shah, sultan, or by any other 
term significant of his position. 

With reference to the power vested in the sovereign, 
monarchies may be divided into two classes: i. Absolute; 
2. Limited. 

i. An absolute monarchy is one over which the sovereign 



CIVIL GOVERNMENT. 5 

rules with absolute power, holding himself responsible to 
no earthly tribunal for what he sees fit to do. He not 
only makes the law by which to govern his lt Absolute 
subjects, but interprets and executes it ac- Monarchy. 
cording to the caprices of his own will : in other words, his 
arbitrary will is the law of the realm. He does not, indeed, in 
all cases attend personally to the details of his government ; 
but he appoints subordinate officers for this purpose. Their 
tenure of office, their salaries, and even their lives, are at 
his disposal. If, in his tyranny, he order that a hundred or 
a thousand of his hapless subjects shall be decapitated, 
their heads are severed from their bodies. 

Such a ruler is a despot, and his government a terrible 
despotism. Russia, China, Persia, Morocco, and some other 
Oriental countries, are absolute monarchies. 

2. A li?nited monarchy is a government in which the sov- 
ereign is restrained by a constitution and established laws. 
These laws have their force by the deci- #. Limited 
sions of the courts, by long-established Monarchtj. 
usage, and by the enactments of the legislative authority. 

The monarch is simply the executive branch of the gov- 
ernment. He can execute the laws, but he cannot make 
them. The court, not the king, interprets them. The 
Parliament makes the statutes, though the assent of the 
sovereign is essential to their validity ; but that assent is 
rarely withheld. The sovereign of a limited monarchy has 
no right whatever to disregard the laws of his kingdom or 
empire : like his humblest subjects, he must obey them. 
Such a government may be called a constitutional mon- 
archy. 

With reference to the sovereign's title to his throne, mon- 
archies are of two classes : (a) Hereditary; (b) Elective. 

(a) Under an hereditary monarchy the sovereign obtains 
his title to the throne by birth. The oldest son of the de- 



6 CIVIL GOVERNMENT. 

ceased monarch takes the crown of his father by inheritance. 
If there is no son, the oldest daughter succeeds to the 
(a) Hereditary throne of the father. Edward VI. of 
Monarchy. England, though but a lad in years, suc- 
ceeded to the throne of his father, Henry VIII., in prefer- 
ence to his sisters, Mary and Elizabeth, both of whom were 
much older than the boy-king. At his death, having reigned 
but six years, Mary, his elder sister, was crowned. At her 
death, five years thereafter, the younger sister, Elizabeth, 
was crowned Queen of England. 

Had Edward married, and become the father of children, 
they would have been heirs to the throne, to the exclusion 
of Mary and Elizabeth. 

William I., a foreigner, obtained the throne of England 
in a single battle, fought in 1066 on the north shore of the 
British Channel. He is known in history as William the 
Conqueror. That single conflict of arms at Hastings de- 
cided who should occupy the throne of that country for more 
than eight hundred years, and probably for more than a 
thousand. The crown of royalty has rested on the brow of 
his descendants ever since the twenty-fifth day of December, 
the year of that eventful struggle. Yet not one of this long 
line of kings and queens has ever ascended the throne by 
the formal, expressed choice of English subjects. In many 
instances it has been occupied by foreigners, and in every 
case it has been claimed by right of birth. 

(b) An elective monarchy is one whose sovereign is elected 

to the throne by his subjects, or by those holding official 

(&) Elective positions giving them a voice in the pro- 

Monarchy. ceeding. He is elected for life. There 

have been but few such monarchies. 

IV. An aristocratic government is one in which the power 
rr. Aristocratic to rule the affairs of state is vested in the 

Government. hands of a few persons, — a select body 



CIVIL GOVERNMENT. 7 

of men. Aristocracy signifies a government of the best or 
by the best. They may hold their positions by right of 
birth or by appointment. 

A government is said to be aristocratic the constitution 
of which establishes privileged classes, as the nobility and 
clergy, and intrusts the government entirely to them, or 
allows them a very disproportionate share in it. Such was 
formerly the government of Venice ; and some of the 
Swiss cantons are governed in the same manner. More 
or less of this element pervades the most powerful gov- 
ernments of Europe. It is wholly absent in the govern- 
ment and Constitution of the United States. We have no 
orders of nobility, and no privileged classes. 

V. A democratic form of government is one in which the 
ruling power, or the principle of sovereignty, is exercised 
by the people. Strictly speaking, it is one v. Democratic 
under which the people assemble together Government. 
at stated times, and all have a voice in making the laws by 
which they promise to be governed. 

By the word " people," as here used, the qualified voters 
only are included. The qualifications to vote are gen- 
erally defined by a constitution, called the fundamental 
law of the nation. Proper age, male sex, citizenship, and 
residence are the usual conditions for a voice in public 
affairs. 

Some of the cities of ancient Greece acted under this 
form of government, and some of the smaller Swiss can- 
tons govern themselves by the same mode; but it is a 
very unwieldy, clumsy method, and utterly impracticable 
in a state of considerable population, or breadth of territory. 

VI. A republican form of government is a representa- 
tive government. The state or nation vi. MepubUcan 
is governed by laws made by representa- Government. 
tives chosen by the voters at elections held at stated 



8 CIVIL GOVERNMENT. 

times, and most of the officers of government are elected 
in substantially the same way. The officer or representa- 
tive is chosen by the people, and is their agent or ser- 
vant. 

A full definition of the word " republican/' as generally 
understood, necessarily includes the element of democracy. 
The people's voice is heard in the election, and this is 
democratic. But the law-making and law-executing are 
done by those who are elected for these purposes. The 
latter is the republican element, or representative feature. 

Hence the government of the United States is demo- 
cratic-republican. The term "republican," however, is the 
one by which it is usually known. Defined by the extent 
and peculiarities of jurisdiction, the country known as the 
United States has two distinct classes of government. 
These are : i. State; 2. Federal. 

1. Each State, known and defined by geographical 

boundaries, has a dependent republican government of its 

1. state own. Before it entered the Federal Union 

Governments. [ t possessed all the attributes of national 
sovereignty. It could make treaties and form alliances ; 
it could declare war, grant letters of marque and reprisal, 
and conclude peace ; it could raise and support armies and 
navies ; it could coin money, and emit bills of credit, and, 
in short, exercise all the prerogatives of an independent 
nation. 

But these powers, and several others, were surrendered 
to the General Government when the State became a mem- 
ber of the Federal Union. On assuming this relation, f he 
States ratified the Constitution of the United States. By 
this act all the States not only created a new government 
over themselves, but entered into entirely new relations to 
each other. They accepted a Constitution as the bond of 
their union. 



CIVIL GOVERNMENT. 9 

This bond clearly defines what they severally resign for 
the common good, and what they reserve. 

2. The Federal Government is the outgrowth of this 
union of the several States. The form of this government 
is, like that of each of the several States, 2. Federal 
republican. It has, like the States, three Government, 
distinctive branches or departments : the legislative, exec- 
utive, and judicial. 

The Nation has its president, and the State has its gov- 
ernor; the Nation has its vice-president, and the State its 
lieutenant-governor. The Nation has its Congress, and the 
State its Legislature. The Nation has its federal judiciary, 
and the State has its system of courts. In many other 
respects the pupil will find a close analogy between the 
State and Federal government. If he will make himself 
well acquainted with the Constitution of the United 
States, he can easily acquire a general knowledge of any 
State government by attentively reading its constitution. 
He will find that in many particulars the State constitu- 
tions are not only similar to each other, but in numerous 
instances bear a striking resemblance to the Constitution 
of the Federal Government. 

Although six specific forms of government have been 
defined, they are either monarchial or democratic in char- 
acter, or a mixture of these. Patriarchal Governments 
and theocratic are definite forms of the comjjared. 
monarchiah The rule of an empire by one man is of the 
same class. God governed the Israelites by direct au- 
thority; the father governs his family by direct com- 
mand ; and the will of the absolute sovereign is the 
law for his millions of subjects. These several types of 
the monarchial form are called by different names, because 
thereby the exact relations of sovereign to subjects are 
more clearly expressed* 



IO CIVIL GOVERNMENT. 

The democratic form is a government " of the people, 
by the people, and for the people." A republican govern- 
ment might be defined by the same words. The sov- 
ereignty is in the people, but is exercised indirectly. They 
choose their own officers, law-makers, and law-interpreters. 
In a few instances the officers are chosen by intermediate 
authority ; but this method is sanctioned by the people. 

A government purely aristocratic, as generally defined, 
can hardly be found in history, certainly not of long con- 
tinuance. This element may be combined with the mo- 
narchial or democratic, and it usually is ; but as an inde- 
pendent government it must be a usurpation. It excludes 
all idea of authority except what is assumed : for, if the 
aristocratic rulers derive their power from the sovereign 
of a kingdom or an empire, the monarchial form appears ; 
if, on the other hand, they are elected or appointed by 
the people, directly or indirectly, the democratic form ap- 
pears. In either case there is not an i7idependent aris- 
tocracy, but one that is dependent on the form to which 
it is attached or allied. 

In all monarchies of modern times, whether absolute 
or limited, this element is present. In Great Britain, for 
Orders of instance, there is a titled nobility, distinct 
Mobility. f rom tne royal family. It consists of sev- 
eral orders: dukes, marquises, earls, viscounts, and barons* 
Orders of nobility sit in the shadow of every earthly throne c 
Without them, royalty itself must languish and die. 

Political Maxims. 

1. The good of the governed is the only true object of every gov- 

ernment. 

2. That government under which the rights of all persons are not 

equally protected is organized injustice. 



CIVIL GOVERNMENT. II 

3. Under a genuine republican government there are no political 

distinctions of birth. 

4. An intelligent people cannot live under a government in which 

they have no voice. 

5. For a moral and intelligent people a republican government is 

the best in the world ; for an immoral and ignorant people 
it is the worst. 

6. The Constitution of the United States should be carefully 

studied by every American citizen. 

7. Every citizen should be familiar with the constitution of his 

own State. 

8. Every enfranchised citizen should exercise his right of suffrage. 

9. No citizen should approach the ballot-box ignorant of the ques- 

tion to be decided by his vote. 

10. The Constitution of the United States lies at the foundation of 

all political knowledge relating to this country. 

11. Schoolhouses and schoolmasters are forts and garrisons to a 

republic. 

12. In the United States the ballots of ignorant voters are more to 

be dreaded than the muskets of foreign soldiers. 



Questions. 

1. What does government mean ? 

2. What examples are given ? 

3. What could we do without government? 

4. Why would we be unsafe without it ? 

5. What are the advantages of government ? 

6. What does the word " government" here signify? 

7. What about the forms of government ? 

8. Who govern the most ignorant nations ? 

9. How do despots rule ? 

10. What does history show as to ignorance ? 

11. What does the statesman know? 

12. What is said of the schoolhouse ? 

13. What is said of the government of the United States? 

14. On what does its safety depend ? 

15. What is said of the ignorant voter? 

16. What forms of government are known in history? 

17. In what is the first founded ? 

18. What is said of it? 

Short. Civ. Gov.— 2 



12 CIVIL GOVERNMENT. 

19. Where does it now exist? 

20. What is said of a theocratic form ? 
2io When and over whom did it prevail? 

22. Where did the Israelites receive the law ? 

23. What is said of a monarchy ? 

24. By. what terms may monarchs be known? 

25. How are monarchies divided? 

26. What is an absolute monarchy? 

27. What countries are despotisms ? 

28. What is a limited monarchy ? 

29. What is the limit of the sovereign's power over it ? 

30. What may such a government be called ? 

31. What is said of a sovereign's title to his throne? 

32. What example is given ? 

33. What is said of William the Conqueror? 

34. W T hat did the battle of Hastings decide? 

35. What is an elective monarchy? 

36. What is an aristocratic government ? 

37. Where have such existed ? 

38. What is said of it in Europe and in the United States ? 

39. What is the democratic form ? 

40. How are the qualifications to vote defined ? 

41. Where has the democratic form, prevailed ? 

42. What is a republican government? 

43. What is that of the United States ? 

44. What is said of State governments? 

45. What changes in the States on entering the Union ? 

46. What is the Federal Government ? 

47. How are the State and general government compared? 

48. What are the two principal forms of government? 

49. What are the others ? 

50. What is said of the democratic-republican form? 

51. What of the aristocratic? 

52. What is said of this element in Great Britain ? 

53. What are orders of nobility there? 



CHAPTER I I. 

LESSON II. — SETTLEMENT OF AMERICA, 



A colony consists of a company of people who associate 
together for mutual advantage in the settlement of a 
remote country. Having a common object, 

Colony defined. 

they generally are induced to thus unite on 
account of similarity of views on religion, politics, or social 
interest. They may migrate from a single country or 
nation, or from different countries. A settlement thus 
formed is called a colony, and this mode of settlement is 
called colonization. 

A colony usually adopts local law r s for its own conven- 
ience, adapted to its circumstances, but subject to the 
general laws and government of the country from which 
the people of the colony emigrated. If they came from 
England, they would be called an English colony ; if from 
Spain, they would be called a Spanish colony ; thus taking 
the name from the country in which the inhabitants had 
formerly resided. 

Different parts of the great North American continent 
were colonized in the manner just named. Five hundred 
years ago nothing was known of America to the Europeans. 
It had not then been discovered. When Columbus first 
landed on these shores, the country was one vast wilder- 
ness, inhabited by rude and ignorant savages, having no 
knowledge of law, government, religion, science, literature, 

13 



14 CIVIL GOVERNMENT. 

or art. They had no churches, no schools, no gardens, no 
farms. They lived by hunting and gathering fruits and 
roots of spontaneous growth. They clothed themselves 
The American with the skins of beasts. As to. their food, 
Colonies. they knew not how t& preserve- it ; made 
no provision for the future, but were dependent on each 
day's efforts for each day's supply. Hence starvation might 
overtake them any day. They lived in rude huts and wig- 
wams, and slept on the bare ground through all seasons of 
the year. 

On account of religious and political intolerance and 
persecution in the countries of Europe, and other home 
grievances, thousands of people left their native country in 
the Old World and migrated to the New. Here they 
planted colonies all along the coast of the Atlantic in 
North America. These settlements were for the most 
part made by English subjects, and in the course of time 
the Colonies were all brought under the authority of the 
British Crown. 

When territory is found uninhabited at the origin of 
new settlements therein, it is usual to adopt the laws of 
the nation from which the settlers have migrated, so far as 
they may be found applicable to the new condition of things. 

Although this country was occupied by a wild, uncul- 
tivated, and savage population, without law or government 
in any civilized sense, the Colonists chose to consider 
themselves as settling an uninhabited territory. As a 
large proportion of the new settlers of these Colonies were 
from England, they would naturally lean to the jurispru- 
dence of that country. 

It must be remembered, also, that the Colonies were 
nearly all settled under the patronage and favor of Great 
Britain. Those that were not soon came under the 
jurisdiction of the British Crown. 



SETTLEMENT OF AMERICA. IS 

The growth of the Colonies was slow and gradual, 
extending through a period of from one hundred to one 
hundred and fifty years. The following are the dates of 
their first permanent settlements : — 



Virginia 1607 

New York 1614 

Massachusetts. . » 1620 

New Jersey . . 1620 

New Hampshire 1623 

Maryland 1634 

Connecticut . 1635 



Rhode Island... 1636 

Delaware 1638 

Pennsylvania 1643 

North Carolina. 1663 

South Carolina 1670 

Georgia ...... . .1733 



Over these Colonies the British Government maintained 
supremacy for more than a hundred years. But the latter 
part of the eighteenth century the Colonies T] ie declaration 
became so disaffected towards the govern- °f independence. 
ment of England, on account of what they regarded as 
oppressive measures of the British Parliament, that they 
were induced to declare themselves independent of the 
authority of that country. This formal act of separation, is 
called the Declaration of Independence. It was made in 
a congress composed of delegates from all the Colonies, 
on the fourth day of July, in the year one thousand seven 
hundred and seventy-six. 

In this declaration the Colonies, by their representatives, 
proclaimed themselves free and independent States. They 
abjured all allegiance to the British Crown, and assumed, 
that, as free and independent States, they possessed all 
the attributes and prerogatives of a sovereign and inde- 
pendent nation. 

The Colonies had been at war with Great Britain for 
more than a year before this declaration. The war con- 
tinued seven years longer, and resulted ^ devolution. 
in the complete triumph of the American art J War * 
cause. Great Britain acknowledged the independence of 



1 6 CIVIL GOVERNMENT. 

the United States, and peace between the two countries 
was proclaimed in one thousand seven hundred and 
eighty-three. 

Questions. 

i. What is a colony ? 

2. What does a colony usually do ? 

3. From what does a colony take its name? 

4. What was the condition of the country when Columbus first 

landed in America? 

5. What is said of the savages ? 

6. Why did people leave the Old Country for the New? 

7. What did they do here ? 

8. By whom were most of the settlements made? 

9. Under whose authority were they? 

10. What is the practice on finding new territory? 

11. What did the Colonists consider the territory which they 

settled ? 

12. Under whose patronage were the Colonies established? 

13. What is said of the growth of the Colonies? 

14. What was the date of the settlement of each ? 

15. How long did the British Government maintain supremacy 

over these Colonies ? 

16. What occurred the latter part of the eighteenth century ? 

17. What is this formal act called in history? 

18. By whom and when was it made ? 

19. What did the Colonies proclaim in this declaration? 

20. How long did the war continue? 

21. When was peace proclaimed between the two countries? 



CHAPTER III. 

LESSON III. —ARTICLES OF CONFEDERATION 



After the Declaration of Independence was passed, 
a plan was adopted by which to unite the States as one 
nation. In the month of September, 1776, The Articles of 
Congress proposed Articles of Confedera- confederation. 
tion, and caused them to be sent to the several States, 
asking for their ratification of the same. These articles 
were not to be binding between the States ratifying them 
until they should receive the approval of all. 

In July, 1778, the ratification of all the States had been 
obtained, except Delaware, New Jersey, and Maryland. 
The assent of New Jersey was given Nov. 25 of the same 
year; of Delaware, Feb. 22, 1779 ; and of Maryland, 
March 1, 1781. On the second day of March, 1781, Con- 
gress assembled under the Confederation. 

But the Revolutionary War, which began in 1775, had 
continued all this time ; during which the States had been 
united by the ties of a common interest, by the sense of a 
common danger, and by the necessities of a common 
cause, having no written bond of union. In short, they 
were held together by their fears. 

The following are some of the peculiarities that dis- 
tinguish the Articles of Confederation from the present 

Constitution. 

11 



l8 CIVIL GOVERNMENT. 

1. The Confederation was declared to be a firm league of friend- 

ship between the several States, 

2. Delegates to Congress were to be appointed annually, in such 

manner as the Legislature of each State might direct. 

3. The power was reserved to the States to recall their delegates, 

or any of them, within the year, and to send others in their 
places for the remainder of the year. 

4. No State was allowed representation in Congress by less than 

two nor more than seven members. 

5. No person was eligible to a seat in Congress for more than 

three, in any term of six years. 

6. Each State had to maintain its own delegates in a meeting of 

the States, and while as members of the committee of the 
States. 

7. In determining questions in the Congress, each State haol but 

one vote. 

8. All charges of war and other expenses, incurred for the com- 

mon defense and general welfare, were to be defrayed out 
of a common treasury. 

9. The treasury was to be supplied by the several States, in pro- 

portion to the value of all lands, and the improvements and 
buildings thereon, within each State, granted to or surveyed 
for any person, to be estimated according to the direction 
of Congress. 
10. Congress was to send and receive ambassadors, 
lie Congress was the tribunal of last resort, on appeal, in all dis- 
putes and differences between two or more States concern- 
ing boundary, jurisdiction, or any other cause whatever. 

12. Congress was the tribunal to decide all controversies concern- 

ing the private right of soil claimed under different grants 
of two or more States, under certain limitations. 

13. Congress was to commission all the officers of the United 

States. 

14. Congress had authority to appoint a committee, to sit during 

the recess of that body, to be denominated " a Committee 
of the States," and to consist of one delegate from each State. 

15. Canada, acceding to the Confederation, and joining in the 

measures of the United States, was to be admitted into 
the Union. 

16. The Union was to be perpetual. 

17. No provision was made for any such officer as president. 

18. There was no national judiciary. 

19. Congress consisted of but one House. 



ARTICLES OF CONFEDERATION. 1 9 

By reference to the foregoing synopsis of peculiarities in 
the Articles of Confederation, it is not remarkable, that, as 
a constitution for the country, they soon The Confedera _ 
proved a failure. They were hastily pre- tion Vnsatisfac- 
pared, and, public attention being almost ory ' 

wholly absorbed on the great events of the day, they did 
not receive that critical investigation which their impor- 
tance demanded. As a plan of union, they were never 
entirely satisfactory to the leading statesmen of that day. 

It was but five or six years after their ratification by all 
the States before decisive steps were taken for their re- 
vision. Their insufficiency had become so completely 
demonstrated that a wide-spread conviction prevailed that 
they must either be revised or abandoned altogether. 

Questions. 

i. What was done after the Declaration of Independence? 

2. What was proposed by Congress? 

3. When did the States ratify the Articles of Confederation ? 

4. When did they go into operation? 

5. How were the States united during the war? 

6. What were some of the peculiarities of the Articles of Confed- 

eration? 



CHAPTER I V. 

LESSON IV, — ORIGIN OF THE CONSTITUTION, 



On the 21st of January, 1786, the Virginia Legislature 

took the first step which finally led to the formation of the 

present Constitution of the United States. 

The First Call for Th ^ , . fl ^ following reSQ . 

a Convention,, J J r o 

lution : — 

"Resolved, That Edmund Randolph, James Madison, 
Jr., Walter Jones, St. George Tucker, and Meriweather 
Smith, Esqs., be appointed commissioners, who, or any 
three of whom, shall meet such commissioners as may be 
appointed in the other States of the Union, at a time and 
place to be agreed on, to take into consideration the trade 
of the United States ; 

"To examine the relative situations and trade of said 
States ; 

" To consider how far a uniform system in their com- 
mercial regulations may be necessary to their common 
interests and their permanent harmony ; 

" And to report to the several States such act relative to 
this great object, as, when unanimously ratified by them, 
will enable the United States in Congress effectually to 
provide for the same. " 

The time and place of meeting were left to the commis- 
sioners, and they fixed on the first Monday of September 
following, at Annapolis, Md. In response to the action 



20 



ORIGIN OF THE CONSTITUTION., 21 

of Virginia, but eight States appointed commissioners to 
attend the meeting. When the time of meeting arrived, 
only five States were represented : New York, Pennsyl- 
vania, Virginia, Delaware, and New Jersey. 

The meeting, it had become evident, must prove a 
failure; for so few commissioners were present, it was 
thought to be unwise to proceed to the B ut Five states 
business for which the meeting was called. respond. 

But they were reluctant to adjourn without taking some 
forward step. 

The New Jersey deputation had a commission extend- 
ing its object to a general provision for the " exigencies 
of the Union." Acting on this suggestion, a recommen- 
dation for this enlarged purpose was reported by a com- 
mittee to whom the subject had been referred. 

That report was written by Alexander Hamilton of 
New York, and addressed to the Legislatures of the States 
represented in the convention. 

This report was an able, lucid, and elaborate document, 
recommending another convention of deputies from all 
the States, to meet on the second Monday of May follow- 
ing, 1787, in the city of Philadelphia. A copy of the 
report was also sent to Congress. 

Virginia again took the lead, and was the first to ap- 
point deputies to the proposed Philadelphia Convention, 
among whom was their most distinguished citizen, George 
Washington. 

Feb. 21, 1787, a resolution was moved and carried in 
Congress, recommending a convention to meet in Phila- 
delphia at the time suggested in the report, % 
"for the purpose of revising the Articles recommends a 
of Confederation, and reporting to Con- onven %c 
gress and the several State Legislatures such alterations 
and provisions therein as shall, when agreed to in Con- 



22 CIVIL GOVERNMENT. 

gress and confirmed by the States, render the Federal 
Constitution adequate to the exigencies of government and 
the preservation of the Union." 

But on account of the uprising, known as the Shays' 
Rebellion, in Massachusetts, which had occurred within the 
last year or two, the deranged condition of the finances of 
the country, and sharp controversies, verging on open hos- 
tility, between several of the States, the public mind was 
drifting in the right direction to favor the recommenda- 
tion of Congress. The States promptly acted through 
their Legislatures, and delegates were appointed to meet 
in the proposed convention to revise the Articles of Con- 
federation. 

On the day appointed, however, the second Monday in 
May, 1787, there was by no means a full representation 
The constitutional of the States, there being present but 

Convention. twenty-nine delegates. They did not im- 
mediately proceed to business, therefore, but adjourned 
from day to day, waiting for a fuller delegation, until Fri- 
day, the 25th. On that day they organized by unanimously 
choosing George Washington president of the convention. 

The daily sessions of that body continued until the 17th 
of September, four months and three days from the day 
appointed for their meeting. Their sessions were secret 
(they sat with closed doors) ; and, although the new Con- 
stitution was soon published to the people, the daily pro- 
ceedings of the convention were not known until more 
than fifty years after its labors were ended. 

James Madison of Virginia, afterwards President of the 
United States, was a member of the convention. He was 
a very ready writer of shorthand, and took copious notes 
of the proceedings. These notes were published by 
authority of Congress over fifty years thereafter, and 
several years subsequent to their author's death. They 



ORIGIN OF THE CONSTITUTION 23 

are known in their published form, three large volumes, 
as u The Madison Papers.'" 

When their labors were finished, a copy of the new 
Constitution was sent to Congress, then in session, with 
the recommendation that it should be presented to the 
people for ratification by State conventions called for that 
purpose. 

In response to the recommendation of the convention, 
Congress took the necessary steps to have the new Con- 
stitution transmitted to the several State Ratification of the 
Legislatures, in order to be submitted to Constitution. 
a convention of delegates chosen in each State by the 
people thereof. 

By the terms of that document, the ratification of the 
conventions of nine States was declared sufficient for its 
establishment between the States so ratifying the same. 

Three States ratified it before the close of the year 1787, 
and eight more by the 26th of July, 1788; so that, in less 
than one year from the time of its submission to the 
people, a sufficient number of States had accepted it as the 
fundamental law of the land to warrant the commence- 
ment of operations under it. 

Under the direction of Congress, representatives were 
elected by the people, and senators by the State Legisla- 
tures, and electors of President and Vice-President were 
chosen. On Wednesday, the fourth day of March, 1789, 
the first Constitutional Congress met, and proceedings 
were commenced under the new organization soon after. 

In those days travel was far more difficult than in these 
later days of railroad facilities. A quorum in Congress, 
therefore, did not assemble until the 6th The 

of April, at which time the VOteS for New Government 

President were counted ; and it was found organized. 
that George Washington was unanimously elected. John 



24 CIVIL GOVERNMENT. 

Adams of Massachusetts was elected Vice-President. Thus 
the new government was now in full operation. 

Questions. 

i. What did Virginia do Jan. 21, 1786 ? 

2. Who were the commissioners appointed ? 

3o What time and place did they select ? 

4. How many States appointed commissioners besides Virginia? 

5. How many and what States were represented in the meeting? 

6. Why did not the meeting proceed to business? 

7. What course did they take ? 

8. What subject was referred to a committee? 

9. By whom was that report written ? 

10. What was the substance of the report? 

11. What course did Virginia take? 

12. What was done in Congress about the matter? 

13. What circumstances caused a favorable change in the public 

mind ? 

14. What course did the States take? 

15. How many delegates appeared at the time and place of meet- 

ing? 

16. When did the convention organize ? 
I7» Who was chosen president? 

i8. How long did the session continue? 

19. How were the sessions held ? 

2o What is said of Mr. Madison? 

2i 6 What was done when the convention finished its work ? 

22. What course did Congress take ? 

23. How many States ratified it in 1787? 

24. How many in 1788 ? 

25 . What proceedings followed these ratifications? 
260 When did the first Congress meet ? 

27c Who was chosen the first President ? 



CHAPTER V. 

LESSON V. 1 — CONSTITUTION OF THE UNITED 
STATES OF AMERICA. 



Note. — A figure in parentheses is placed at the beginning of each clause of 
this copy of the Constitution, for convenience of reference in the following pages. 



(1) Preamble. — We, the People of the United States, 
in order to form a more perfect union, establish justice, 
insure domestic tranquillity, provide for the common 
defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United 
States of America. 

(2) Article I. Section i„ — All legislative powers herein 
granted shall be vested in a Congress of the United 
States, which shall consist of a Senate and House of 
Representatives. 

(S) Section 2. — i„ The House of Representatives shall 
be composed of members chosen every second year 
by the people of the several States, and the electors 
in each State shall have the qualifications requisite 
for electors of the most numerous branch of the State 
Legislature. 

(4) 2. No person shall be a representative who shall 
not have attained to the age of twenty-five years, and 
been seven years a citizen of the United States, and 

1 The teacher should require the pupil to become so familiar with this lesson 
that he will be able to answer the questions at the end of it. 

25 



26 CIVIL GOVERNMENT. 

who shall not, when elected, be an inhabitant of that 
State in which he shall be chosen. 

(5) 3. Representatives and direct taxes shall be ap- 
portioned among the several States which may be 
included within this Union, according to their respec- 
tive numbers, which shall be determined by adding to 
the whole number of free persons, including those 
bound to service for a term of years, and excluding 
Indians not taxed, three fifths of all other persons. 
The actual enumeration shall be made within three 
years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. The 
number of representatives shall not exceed one for 
every thirty thousand, but each State shall have at 
least one representative ; and, until such enumeration 
shall be made, the State of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode 
Island and Providence Plantations one, Connecticut 
five, New York six, New Jersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three. 

(£) 4. When vacancies happen in the representation 
from any State, the executive authority thereof shall 
issue writs of election to fill such vacancies. 

(7) 5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole 
power of impeachment. 

(8) Section 3. — 1. The Senate of the United States shall 
be composed of two senators from each State, chosen 
by the Legislature thereof for six years ; and each 
senator shall have one vote. 

(9) 2. Immediately after they shall be assembled in 
consequence of the first election, they shall be divided, 
as equally as may be, into three classes. The seats 
of the senators of the first class shall be vacated at 
the expiration of the second year ; of the second class, 
at the expiration of the fourth year ; and of the third 



CONSTITUTION OF THE UNITED STATES. 27 

class, at the expiration of the sixth year ; so that one 
third may be chosen every second year : and if vacan- 
cies happen, by resignation or otherwise, during the 
recess of the Legislature of any State, the executive 
thereof may make temporary appointments until the 
next meeting of the Legislature, which shall then fill 
such vacancies. 

(10) 3. No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he 
shall be chosen. 

(11) 4. The Vice-President of the United States shall be 
president of the Senate, but shall have no vote unless 
they be equally divided. 

(12) 5. The Senate shall choose their other officers, and 
also a president pro tempore in the absence of the 
Vice-President, or when he shall exercise the office of 
President of the United States. 

(13) 6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 
of the United States is tried, the chief justice shall 
preside ; and no person shall be convicted without the 
concurrence of two thirds of the members present. 

(llf) 7. Judgment in cases of impeachment shall not 
extend further than to removal from office, and disqual- 
ification to hold and enjoy any office of honor, trust, or 
profit, under the United States ; but the party con- 
victed shall nevertheless be liable and subject to indict- 
ment, trial, judgment, and punishment, according to law. 

(15) Section 4. — 1. The times, places, and manner of 
holding elections for senators and representatives 
shall be prescribed in each State by the Legisla- 
ture thereof • but the Congress may at any time, by 
law, make or alter such regulations, except as to 
the places of choosing senators. 

(16) 2. The Congress shall assemble at least once in 

Short. Civ. Gov.— 3 



28 CIVIL GOVERNMENT. 

every year ; and such meeting shall be on the first 
Monday in December, unless they shall by law ap- 
point a different day e 

(17) Section 5. — 1. Each House shall be the judge of the 
-elections, returns, and qualifications of its own mem- 
bers ; and a majority of each shall constitute a quorum 
to do business, but a smaller number may adjourn 
from day to day, and may be authorized to compel the 
attendance of absent members, in such manner and 
under such penalties as each House may provide. 

(18) 2. Each House may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two thirds, expel a 
member. ' 

(19) 3. Each House shall keep a journal of its proceed- 
ings, and from time to time publish the same, excepting 
such parts as may, in their judgment, require secrecy ; 
and the yeas and nays of the members of either 
House on any question shall, at the desire of one fifth 
of those present, be entered oh the journal. 

(20) 4, Neither House, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two Houses shall be sitting. 

(21) Section 6. — 1. The senators and representatives 
shall receive a compensation for their services, to be 
ascertained by law, and paid out of the treasury of the 
United States. They shall, in all cases except treason, 
felony, and breach of the peace, be privileged from 
arrest during their attendance at the session of their 
respective Houses, and in going to and returning from 
the same ; and for any speech or debate in either 
House, they shall not be questioned in any other place. 

(22) 2. No senator or representative shall, during the 
time for which he was elected, be appointed to any civil 
office under the authority of the United States which 
shall have been created, or the emoluments whereof 
shall have been increased, during such time $ and no 



CONSTITUTION OF THE UNITED STATES. 29 

person holding any office under the United States shall 
be a member of either House during his continuance 
in office. 

(%$) Section*]. — 1 All bills for raising revenue shall 
originate in the House of Representatives ; but the 
Senate may propose or concur with amendments, as on 
other bills. 

(2 J/) 2. Every bill which shall have passed the House 
of Representatives and the Senate, shall, before it 
become a law, be presented to the President of the 
United States % if he approve, he shall sign it ; but if 
not, he shall return it, with his objections, to that 
House in which it shall have originated, who shall 
enter the objections at large on their journal, and pro- 
ceed to reconsider it. If, after such reconsideration, 
two thirds of that House shall agree to pass the bill, 
it shall be sent, together with the objections, to the 
other House, by which it shall likewise be reconsid- 
ered ; and, if approved by two thirds of that House, 
it shall become a law. But, in all such cases, the 
votes of both Houses shall be determined by yeas and 
nays ; and the names of the persons voting for and 
against the bill shall be entered on the journal of each 
House respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, 
unless the Congress, by their adjournment, prevent its 
return ; in which case it shall not be a law. 

(25) 3. Every order, resolution, or vote to which the con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of adjourn- 
ment) shall be presented to the President of the United 
States, and, before the same shall take effect, shall be 
approved by him, or, being disapproved by him, shall be 
re-passed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations 
prescribed in the case of a bill. 



30 CIVIL GOVERNMENT. 



V 



Section 8. — The Congress shall have power,— 

(26) i. To lay and collect taxes, duties, imposts, and 
excises, to pay the debts, and provide for the common 
defense and general welfare, of the United States; 
but all duties, imposts, and excises shall be uniform 
throughout the United States ; 

(27) 2. To borrow money on the credit of the United 
States ; 

(28) 3. To regulate commerce with foreign nations and 
among the several States, and with the Indian tribes ; 

(29) 4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, through- 
out the United States;. 

(SO) 5. To coin money, regulate the value thereof and of 
foreign coin, and fix the standard of weights and 
measures ; 

(31) 6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States ; 

(82) 7. To establish post offices and post roads ; 

(S3) 8. To promote the progress of science and useful 
arts by securing for limited times, to authors and in- 
ventors, the exclusive right to their respective writings 
and discoveries ; 

(SJf) 9. To constitute tribunals inferior to the Supreme 
Court ; 

(S5) 10. To define and punish piracies and felonies com- 
mitted on the high seas, and offenses against the law 
of nations ; 

(36) 11. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water ; 

(37) 12. To raise and support armies, but no appropriation 
of money to that use shall be for a longer term than 
two years ; 

(38) 13. To provide and maintain a navy ; 

(39) . 14. To make rules for the government and regulation 
of the land and naval forces ; 

(Jfi) 15. To provide for calling forth the militia to execute 



CONSTITUTION OF THE UNITED STATES. 3 1 

the laws of the Union, suppress insurrections, and 
repel invasions ; 

(41) 160 To provide for organizing, arming, and disci- 
plining the militia, and for governing such part of them 
as may be employed in the service of the United States, 
reserving to the States respectively the appointment of 
the officers, and the authority of training the militia 
according to the discipline prescribed by Congress ; 

(J$) 17. To exercise exclusive legislation in all cases 
whatsoever over such district (not exceeding ten miles 
square) as may, by cession of particular States and the 
acceptance of Congress, become the seat of the gov- 
ernment of the United States ; and to exercise like 
authority over all places purchased, by the consent of 
the Legislature of the State in which the same shall be, 
for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings ; and 

(48) 18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this Constitution in the 
government of the United States, or in any depart- 
ment or officer thereof. 

(44) Section 9. — 1. The migration or importation of such 
persons as any of the States now existing shall think 
proper to admit shall not be prohibited by the Congress 
prior to the year one thousand eight hundred and eight ; 
but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

(45) 2o The privilege of the writ of habeas corpus shall not 
be suspended, unless when; in cases of rebellion or in- 
vasion, the public safety may require it. 

{46) 3. No bill of attainder, or ex post facto law, shall be 
passed. 

(47) 4. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration here- 
inbefore directed to be taken. 

(J/S) 5 . No tax or duty shall be laid on articles exported 
from any State. 



32 CIVIL GOVERNMENT,, 

(49) 6. No preference shall be given by any regulation of 
commerce or revenue to the ports of one State over 
those of another ; nor shall vessels bound to or from 
one State be obliged to enter, clear, or pay duties, in 

-another. 

(50) 7 No money shall be drawn from the treasury but 
in consequence of appropriations made by law; and a 
regular statement and account of the receipts and ex- 
penditures of all public money shall be published from 
time to time. 

(51) 8. No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or 
trust under them shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title, of 
any kind whatever, from any king, prince, or foreign state. 

(52) Section io. — i. No State shall enter into any treaty, 
alliance, or confederation ; grant letters of marque and 
reprisal; coin money; emit bills of credit; make any 
thing but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts ; or grant 
any title of nobility, 

(58) 2 No State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or ex- 
ports, except what may be absolutely necessary for ex- 
ecuting its inspection laws ; and the net produce of all 
duties and imposts laid by any State on imports or ex- 
ports shall be for the use of the treasury of the United 
States, and all such laws shall be subject to the revi- 
sion and control of the Congress. 

(54) 3- No State shall, without the consent of Congress, 
lay any duty of tonnage, keep troops or ships of war in 
time of peace, enter into any agreement or compact 
with another State or with a foreign power, or engage 
in war, unless actually invaded or in such imminent 
danger as will not admit of delay. 

(55) Article II. Section 1. — 1. The executive power 
shall be vested in a President of the United States of 



CONSTITUTION OF THE UNITED STATES. 33 

America. He shall hold his office during the term of 
four years, and, together with the Vice-President chosen 
for the same term, be elected as follows : — 

(56) 2. Each State shall appoint, in such manner as the 
Legislature thereof may direct, a number of electors 
equal to the whole number of senators and represent- 
atives to which the State may be entitled in the Con- 
gress ; but no senator or representative, or person hold- 
ing an office of trust or profit under the United States, 
shall be appointed an elector. 

[The following paragraph (57) is the Twelfth Article of Amend- 
ment, and supersedes the clause originally inserted here (see Town- 
send's "Analysis of Civil Government")^ 

(57) 3. The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of the 
same State with themselves. They shall name in their 
ballots the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice-President ; 
and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each ; which 
lists they shall sign and certify, and transmit, sealed, 
to the seat of the government of the United States, di- 
rected to the president of the Senate. The president 
of the Senate shall, in presence of the Senate and 
House of Representatives, open all the certificates, and 
the votes shall then be counted. The person having 
the greatest number of votes for President shall be the 
President, if such number- be a majority of the whole 
number of electors appointed \ and if no person have 
such majority, then, from the persons having the high- 
est numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. 
But, in choosing the President, the votes shall be taken 
by States, the representation from each State having 
one vote. A quorum for this purpose shall consist of 



34 CIVIL GOVERNMENT 

a member or members from two thirds of the States, 
and a majority of all the States shall be necessary to 
a choice. And if the House of Representatives shall 
not choose a President, whenever the right of choice 
shall devolve upon them, before the fourth day of March 
next following, then the Vice-President shall act as 
President, as in the case of the death, or other constitu- 
tional disability, of the President. The person having 
the greatest number of votes as Vice-President shall be 
the Vice-President, if such number be a majority of the 
whole number of electors appointed ; and if no person 
have a majority, then, from the two highest numbers 
on the list, the Senate shall choose the Vice-President. 
A quorum for the purpose shall consist of two t'hirds 
of the whole number of senators ; and a majority of the 
whole number shall be necessary to a choice. But no 
person constitutionally ineligible to the office of Presi- 
dent shall be eligible to that of Vice-President of the 
United States. 

(58) 4. The Congress may determine the time of choosing 
the electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the 
United States. 

(59) 5. No person, except a natural-born citizen, or a 
citizen of the United States at the time of the adoption 
of this Constitution, shall be eligible to the office of 
President ; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within 
the United States. 

(60) 6. In case of the removal of the President from 
office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the 
same shall devolve on the Vice-President ; and the 
Congress may by law provide for the case of removal, 
death, resignation, or inability, both of the President 
and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly 



CONSTITUTION OF THE UNITED STATES. 35 

until the disability be removed, or a President shall be 
elected. 

{61) 7. The President shall, at stated times, receive for his 
services a compensation, which shall neither be in- 
creased nor diminished during the period for which he 
shall have been elected ; and he shall not receive 
within that period any other emolument from the United 
States, or any of them. 

{62) 8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation : — 

"I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, 
and defend the Constitution of the United States." 

{63) Section 2. — 1. The President shall be commander- 
in-chief of the army and navy of the United States, 
and of the militia of the several States when called 
into the actual service of the United States. He may 
require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any subject 
relating to the duties of their respective offices ; and 
he shall have power to grant reprieves and pardons for 
offenses against the United States, except in cases of 
impeachment. 

{6i) 2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two 
thirds of the senators present concur ; and he shall 
nominate, and by and with the advice and consent of 
the Senate shall appoint, ambassadors, other public 
ministers, and consuls, judges of the Supreme Court, 
and all other officer- of the United States whose ap- 
pointments are not herein otherwise provided for, and 
which shall be established by law ; but the Congress 
may by law vest the appointment of such inferior of- 
ficers as they think proper in the President alone, in 
the courts of law, or in the heads of departments. 

{65) 3. The President shall have power to fill up all va- 
cancies that may happen during the recess of the Senate 



36 CIVIL GOVERNMENT. 

by granting commissions, which shall expire at the end 
of their next session. 

(66) Section 3. — He shall from time to time give to the 
Congress information of the state of the Union, and 
recommend to their consideration such measures as 
he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both Houses, or either 
of them, and, in case of disagreement between them 
with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper ;. he 
shall receive ambassadors and other public ministers ; 
he shall take care that the laws be faithfully executed, 
and shall commission all the officers of the United States. 

(67) Section 4. — The President, Vice-President, and all 
civil officers of the United States, shall be removed 
from office on impeachment for and conviction of trea- 
son, bribery, or other high crimes and misdemeanors. 

(68) Article III. Section!, — The judicial power of the 
United States shall be vested in one Supreme Court, 
and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both 
of the Supreme and inferior courts, shall hold their 
offices during good behavior, and shall at stated times 
receive for their services a compensation, which shall 
not be diminished during their continuance in office. 

(69) Section 2. — 1. The judicial power shall extend to all 
cases in law and equity arising under this Constitution, 
the laws of the United States, and treaties made, or 
which shall be made, under their authority ; to all cases 
affecting ambassadors, other public ministers, and con- 
suls • to all cases of admiralty and maritime jurisdiction ; 
to controversies to which the United States shall be a 
party ; to controversies between two or more States, 
between a State and citizens of another State, between 
citizens of different States, between citizens of the 
same State claiming lands under grants of different 
States, and between a State, or the citizens thereof, 
and foreign states, citizens, or subjects. , 



CONSTITUTION OF THE UNITED STATES. 37 

(70) 2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State 
shall be party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and 
under such regulations as the Congress shall make. 

(71) 3. The trial of all crimes, except in cases of im- 
peachment, shall be by jury ; and such trial shall be 
held in the State where the said crimes shall have 
been committed : but, when not committed within any 
State, the trial shall be at such place or places as the 
Congress may by law have directed. 

(72) Section 3. — 1. Treason against the United States 
shall consist only in levying war against them, or in 
adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

(78) 2. The Congress shall have power to declare the 
punishment of treason ; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

(74) Article IV. Section 1. — Full faith and credit shall 
be given in each State to the public acts, records, and 
judicial proceedings of every other State ; and the 
Congress may, by general laws, prescribe the manner 
in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

(75) Section 2. — 1. The citizens of each State shall be 
entitled to all privileges and immunities of citizens 
in the several States. 

(76) 2. A person charged in any State with treason, fel- 
ony, or other crime, who shall flee from justice and be 
found in another State, shall, on demand of the execu- 
tive authority of the State from which he fled, be de- 
livered up, to be removed to the State having juris- 
diction of the crime. 



38 CIVIL GOVERNMENT. 

(77) 3. No person held to service or labor in one State 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor, but shall be 
delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

(78) Section 3. — 1. New States may be admitted by the 
Congress into this Union ; but no new State shall be 
formed or erected within the jurisdiction of any other 
State, nor any State be formed by the junction of 
two or more States, or parts of States, without the 
consent of the Legislatures of the States concerned,, 
as well as of the Congress. 

(79) 2. The Congress shall have power to dispose of 
and make all needful rules and regulations respecting 
the territory, or other property, belonging to the United 
States ; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States or of any particular State. 

(80) Section 4. — The United States shall guarantee to 
every State in this Union a republican form of govern- 
ment, and shall protect each of them against invasion, 
and, on application of the Legislature or of the Execu- 
tive (when the Legislature cannot be convened), 
against domestic violence. 

(82) Article V. — The Congress, whenever two thirds 
of both Houses shall deem it necessary, shall propose 
amendments to this Constitution, or, on the application 
of the Legislatures of two thirds of the several States, 
shall call a convention for proposing amendments, 
which, in either case, shall be valid to all intents and 
purposes as part of this Constitution, when ratified by 
the Legislatures of three fourths of the several States, 
or by conventions in three fourths thereof, as the 
one or the other mode of ratification may be pro- 
posed by the Congress : provided that no amend- 
ment which may be made prior to the year one 
thousand eight hundred and eight shall in any manner 



CONSTITUTION OF THE UNITED STATES. 39 

affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

(82) Article VI. — i. All debts contracted, and engage- 
ments entered into, before the adoption of this Con- 
stitution, shall be as valid against the United States, 
under this Constitution, as under the Confederation. 

(88) 2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land ; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws 
of any State to the contrary notwithstanding. 

(8Jf) 3. The senators and representatives before men- 
tioned, and the members of the several State Legisla- 
tures, and all executive and judicial officers both of the 
United States and of the several States, shall be bound 
by oath or affirmation to support this Constitution ; but 
no religious test shall ever be required as a qualification 
to any office or public trust under the United States. 

(85) Article VII. — The ratification of the conventions 
of nine States shall be sufficient for the establishment 
of this Constitution between the States so ratifying 
the same. 

AMENDMENTS TO THE CONSTITUTION. 

The following are the Articles of Amendment which have 
been ratified and adopted since the year 1790, and are to 
all intents and purposes a part of the Constitution of the 
United States. 

(86) Article I. — Congress shall make no law respect- 
ing an establishment of religion, or prohibiting the 
free exercise thereof; or abridging the freedom of 
speech or of the press, or the right of the people peace- 
ably to assemble, and to petition the government for 
a redress of grievances. 

(87) Article II. — A well-regulated militia being neces- 



40 CIVIL GOVERNMENT. 

sary to the security of a free State, the right of the 
people to keep and bear arms shall not be infringed. 

(88) Article III. — No soldier shall, in time of peace, 
be quartered in any house without the consent of the 
owner; nor in time of war but in a manner to be pre- 
scribed by law. 

(89) Article IV. — The right of the people to be secure 
in their persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not be vio- 
lated ; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particu- 
larly describing the place to be searched, and the 
persons or things to be seized. 

(90) Article V. — No person shall be held to answer for 
a capital or otherwise infamous crime, unless ,on a 
presentment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or pub- 
lic danger; nor shall any person be subject, for the 
same offense, to be twice put in jeopardy of life or 
limb; nor shall he be compelled, in any criminal case, 
to be a witness against himself; nor be deprived of 
life, liberty, or property, without due process of law ; 
nor shall private property be taken for public use, 
without just compensation. 

(91) Article VI. — In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public 
trial by an impartial jury of the State and district 
wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the 
accusation, to be confronted with the witnesses against 
him, to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of 
counsel for his defense. 

(92) Article VII. — In suits at common law, where the 
value in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved ; and no fact, 
tried by a jury, shall be otherwise reexamined in any 
court of the United States than according to the rules 
of the common law. 

(98) Article VIII. — Excessive bail shall not be re- 



CONSTITUTION OF THE UNITED STATES. 41 

quired, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 
(9Jf) Article IX. — The enumeration in the Constitution 
of certain rights shall not be construed to deny or 
disparage others retained by the people. 

(95) Article X. — The powers not delegated to the 
United States by the Constitution, nor prohibited by 
it to the States, are reserved to the States respectively, 
or to the people. 

(96) Article XI. — The judicial power of the United 
States shall not be construed to extend to any suit in 
law or equity commenced or prosecuted against one 
of the United States by citizens of another State, or 
by citizens or subjects of any foreign state» 

[As the subject-matter of the Twelfth Article of Amendment refers 
entirely to the election of the President and Vice-President of the 
United States, it is inserted in Article II of the Constitution , con- 
stituting paragraph (57), and is o?nitted here.~\ 

(97) Article XIII. — i. Neither slavery nor involuntary 
servitude, except as a punishment for crime, whereof the 
party shall have been duly convicted, shall exist within 
the United States, or any place subject to their juris- 
diction 

2. Congress shall have power to enforce this article 
by appropriate legislation 

(98) Article XIV. — l All persons born or natural- 
ized in the United States, and subject to the juris- 
diction thereof, are citizens of the United States, 
and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United 
States ; nor shall any State deprive any person of 
life, liberty, or property, without due process of law, 
nor deny to any person within its jurisdiction the 
equal protection of the laws. 

(99) 2o Representatives shall be apportioned among 
the several States according to their respective num- 
bers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of elect- 
ors for President and Vice-President of the United 



42 CIVIL GOVERNMENT. 

States, representatives in Congress, the executive and 
judicial officers of a State, or the members of the 
Legislature thereof, is denied to any of the male 
inhabitants of such State, being twenty-one years of 
, age and citizens of the United States, or in any way 
abridged, except for participation in rebellion or 
other crime, the basis of representation therein shall 
be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 

(100) 3. No person shall be a senator or representative 
in Congress, or elector of President and Vice-Presi- 
dent, or hold any office, civil or military, under the 
United States or under any State, who, having pre- 
viously taken an oath as a member of Congress, or 
as an officer of the United States, or as a member of 
any State Legislature, or as an executive or judicial 
officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or com- 
fort to the enemies thereof. But Congress may, by 
a vote of two thirds of each House, remove such 
disability. 

(101) 4. The validity of the public debt of the United 
States authorized by law, including debts incurred 
for payment of pensions and bounties for services in 
suppressing insurrection and rebellion, shall not be 
questioned. 

But neither the United States nor any State shall 
assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, 
or any claim for the loss or emancipation of any 
slave; but all such debts, obligations, and claims 
shall be held illegal and void. 

5. The Congress shall have power to enforce by 
appropriate legislation the provisions of this article. 

(102) Article XV. — 1. The right of citizens of the 
United States to vote shall not be denied or abridged 
by the United States or by any State, on account of 
race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this 
article by appropriate legislation. 



CONSTITUTION OF THE UNITED STATES. 43 



CHRONOLOGY OF THE AMENDMENTS TO THE CONSTITU- 
TION. 

The first ten Articles of Amendment were proposed by 
Congress in 1789, at their first session; and, having re- 
ceived the ratification of the Legislatures The First Ten 
of three fourths of the several States, they Amendments. 
became a part of the Constitution, Dec. 15, 1791. 

The Eleventh Article was proposed by Congress in 
1794. President Adams declared in his message, Jan. 8, 
1798, that it had received the ratification The Eleventh 
of the constitutional number of States, intendment. 
and was therefore a part of the fundamental law of the 
land. 

The Twelfth Article of Amendment was proposed by 
Congress at their session in 1803, and received the ratifi- 
cation of the requisite number of States 

Hie Twelfth 

during the following year, and became Amendment. 
part of the Constitution of the United States. 

The Thirteenth Article of Amendment was proposed at 
the second session of the Thirty-eighth Congress, passing 
the Senate in 1864, and the House in 1865. xiie Thirteenth 
William H. Seward, then secretary of state, intendment. 
officially announced to the country, Dec. 18, 1865, that it 
had been ratified by three fourths of the States, and was 
therefore a part of the supreme law of the land. 

The Fourteenth Article of Amendment was proposed by 
Congress in 1866. William H. Seward, then secretary of 
state, announced July 28, 1868, that it had The Fourteenth 
been ratified by the Legislatures of the Amendment. 
requisite number of States, and had therefore become a 
part of the Constitution of the United States. 

The Fifteenth Article of Amendment was proposed by 
Congress in 1869. Hamilton Fish, then secretary of 

Short. Civ. Gov.— 4 



44 CIVIL GOVERNMENT. 

The Fifteenth state, announced March 30, 1870, that it 
Amendment, h a( j b een ratified by the requisite number 

of States, and was therefore a part of the Constitution of 

the United States. 



Questions. 

1. In the Preamble, how many reasons are given for the estab- 

lishment of the Constitution ? 

2. In what order are they given ? 

3. Into how many articles is the original Constitution divided? 

4. How many sections in the first article ? 

5. In the first section how many clauses? 

6. How many in Section 2 ? / 

7. How many in each of the other sections of this article respec- 

tively ? 

8. How many sections in Article II.? 

9. How many clauses in Section 1 of this article ? 

10. How many clauses in Section 2 of Article II.? 

11. How many in each of Sections 3 and 4 ? 

12. How many sections in Article III.? 

13. How many clauses in Section 1? 

14. How many in Section 2 ? 

15. How many in Section 3? 

16. How many sections in Article IV.? 

17. How many clauses in Section 1 ? 

18. How many in each of the others respectively? 

19. How many sections and clauses in Article V.? 

20. How many clauses in Article VI.? 

21. How many clauses in Article VII.? 

22. How many amendments to the Constitution have been adopted ? 

23. When were the first ten articles declared to be a part of the 

Constitution ? 

24. When was the eleventh? 

25. When the twelfth? 

26. When the thirteenth? 

27. When the fourteenth? 

28. When the fifteenth ? 

29. Into how many paragraphs are the Constitution and Amend- 

ments divided ? 



BLACKBOARD EXERCISE, 



Branches. 
L. Legislative {Lawmaking). 

LL Executive (Law-e7iforcing). 

ILL. Judicial (Law-inter fire tin?), 



4S 



CHAPTER VI. 

LESSON VI. — BRANCHES OF GOVERNMENT. 



The constitution of any country, whether written or 
traditional, is the fundamental law of that country ; that is, 
constitution the the highest law by which the country pro- 
Supreme Law. fesses to be governed. If any law is made 
in violation of that fundamental law, it is of no force 
whatever, and is, to all intents and purposes, null and void. 
The history of different countries shows that Legislatures 
have sometimes attempted to pass such laws, but they have 
been set aside and declared inoperative by the law-inter- 
preting branch of the government. 

All free government is administered through three dis- 
tinctive and separate branches. These are: i. The legis- 
Three Branches of lative, or law-making power ; 2. The exec- 

Govemment. utive, or law-enforcing power; 3. The 
judicial, or law-interpreting power. In the United States 
the first is vested in a Congress, which consists of a Senate 
and House of Representatives ; the second, in a President 
of the United States ; and the third, in the Federal Courts 
of Law. 

No free government can exist on earth in which the 
administration of its powers and functions is not distrib- 
uted. If a single individual may assume to make the laws, 
to execute and interpret the same, he becomes a despot, 
and his government a despotism. Such a concentration 



BRANCHES OF GOVERNMENT. 47 

of authority in one man is utterly inconsistent with the 
liberty of his people. 

If this combination of power be centered in any number 
of persons, the character of the government will be the 
same. One or more persons might safely be trusted with 
any one of these high prerogatives ; but the danger con- 
sists in the concentration of all in the same hands. 

All writers on free government agree that the legis- 
lative, the executive, and the judicial powers should be 
kept as separate and distinct as possible. Bvanches not en _ 
It is hardly possible, however, for human tirely independ- 
wisdom to devise a plan by which they can 
be kept entirely separate in the administration of govern- 
ment. 

This has been attempted by the wisest and best of 
minds, but has. failed. Not one of all the American 
States has succeeded ; though, in some instances, they 
may have done all that finite wisdom could accomplish. 
But in all cases, without a single exception, there has been 
a partial mixture of these powers. 

In several of the States, for instance, the executive is 
elected by the Legislature if no one receives a majority 
vote by the people. In South Carolina, for some time, he 
was elected by the Legislature without any attempt at an 
election by the people. 

In nearly all of the States the judicial officers are im- 
peachable by one or both branches of the Legislature. In 
some of the States the officers of the judiciary are appointed 
by the governor and the Legislature, or one branch of that 
body. 

In some the governor may veto any act passed by the 
Legislature ; after which, in order that the act so vetoed 
may become a law, it must be repassed by a vote of two 
thirds of both Houses. 



48 CIVIL GOVERNMENT. 

In some States the judicial officers are elected by the 
people, but removable on the address of one or both 
branches of the Legislature. In others they are removable 
by one or both branches, on the address of the executive. 
In still others the judicial officers are appointed by one 
or both branches of the Legislature, and removable by one 
branch on impeachment by the other. 

Questions. 

i. What is meant by the constitution of a country? 

2. Of what force is a law that is contrary to the constitution ? 

3. What have Legislatures sometimes done? / 

4. By whom are such laws declared inoperative ? 

5. Through how many and what branches are free governments 

administered? 

6. In whom are these branches respectively vested in the United 

States ? 

7. What is the distribution of governmental powers? 

8. What is said of a despot and despotism ? 

9. In what do all writers on free government agree? 

10. What difficulty is here mentioned? 

11. What is said of the separation of these powers in the American 

States? 

12. How are judicial officers impeachable in most of the States ? 

13. How are the officers of the judiciary appointed in some of the 

States ? 

14. How are the judicial officers elected, and how removable in 

some of the States ? 



LESSON VII. — BRANCHES OF GOVERNMENT, 

Continued. 

In fact, there is no such thing as a complete and abso- 
lute separation of the three departments from each other. 
And all that is intended, in speaking of the three branches 
being kept separate and distinct, is that the powers and 



BRANCHES OF GOVERNMENT. 49 

duties properly belonging to any one branch or depart- 
ment shall not be interfered with or administered by either 
of the others ; that neither shall possess a controlling 
influence over the others in the performance of their 
respective duties. 

In order that there may be official independence, it is 
necessary "that the legislative, executive, and judiciary 
powers shall be kept as separate from, and independent 
of, each other, as the nature of a free government will 
admit, or as is consistent with that chain of connection 
that binds the whole fabric of the Constitution in one 
indissoluble bond of unity and amity." 

The Constitution of the United States aims to separate 
the three departments as widely as possible, and to render 
them as independent, the one of the others, as the com- 
plicated nature of the subject will permit. The govern- 
ment of the United States is a representative government ; 
and there is far less danger to liberty arising from the 
partial mixture of these powers in this country than in a 
government of less direct responsibility to the people. 

These three branches of the American government are 
located and exercised in the city of Washington, the cap- 
ital of the nation. The President resides The capital 
there during the term for which he is City ' 

elected. He lives in a mansion known as the White 
House, built and kept constantly furnished at the expense 
of the nation. In this mansion- he exercises the duties of 
his office during the period of his administration. 

In another part of the city is an immense building cov- 
ering several acres of ground, called the Capitol of the 
nation, erected at a cost of some twelve millions of dollars. 
In this magnificent edifice are numerous rooms and offices 
for the convenience of the government. But by far the 
largest is that which is known as the House of Representa- 



50 CIVIL GOVERNMENT. 

tives. The assembly of men who occupy this hall during 

the session of Congress are called representatives. They 

are elected by the people of their respec- 

The Capitol. . . . f. . . 

live congressional districts in the several 
States, and are sent here to assist in making the laws of 
the nation. No bill can become a law until it has received 
the approval of a majority of this body of men. By the 
theory of our government, all the people of the several 
States are present in this assembly in the person of their 
respective representatives. When all the representatives 
are present, the number is more than three hundred ; and 
these constitute one division or portion of the lawmaking 
power. 

In another part of this immense edifice is a much smaller 
room, known as the Senate Chamber. This is occupied 
by the senators. Of these there are two from each State, 
whether the State be large or small ; and therefore, when 
the Senate Chamber is full, there are ninety members, 
as we have at the present time forty-five States in the 
Union. 

The senators are not elected by direct vote of the peo- 
ple, but are chosen by the State Legislatures for the term 
of six years. No bill can become a law unless approved 
by a majority of the votes of this body as well as the 
House of Representatives. Thus each House is so far a 
check upon the other against hasty legislation as to insure 
full and careful deliberation in the passage of the laws. 

In still another part of the Capitol is the Supreme Court 
Room. In this room the judges of the Supreme Court 
hold one term a year for the correct interpretation and 
application of the laws of the land. If any unconstitu- 
tional law is passed by Congress, and sanctioned by the 
President, this body has the power to declare that law 
utterly void, after which it is a dead letter in the statute 



BRANCHES OF GOVERNMENT. 5 1 

book. Thus each branch of the government exercises a 
salutary restraint on the others, effectually securing the 
safety of human rights. 

Questions. 

15. What is intended by a complete separation of these branches 

or powers ? 

16. What is necessary to official independence? 

17. With respect to this, what is the aim of the Constitution of 

the United States ? 

18. What kind of a government is that of the United States? 

19. Where are the branches of our government located and exer- 

cised? 

20. What is the name of the house in which the President resides? 

21. What do we find in another part of the city ? 

22. Which is the largest room of the Capitol ? 

23. By whom is this room occupied ? 

24. By whom are they^elected, and for what purpose? 

25. What is the theory of our government with respect to these 

persons ? 

26. Where is the Senate Chamber ? 

27. How many senators are there from each State ? 

28. How many in all ? 

29. By whom are these senators elected ? 

30. How is hasty legislation prevented? 

3r. What other room in the Capitol is mentioned ? 

32. By whom, and for what purpose, is this room occupied ? 



CHAPTER VI I. 

LESSON VIII. — PREAMBLE TO THE CONSTITU- 
TION. 



We, the people of the United States, 

i. In order to form a more perfect Union, , 

2. Establish justice, 

3. Insure domestic tranquillity, 

4. Provide for the common defense, 

5. Promote the general welfare, and 

6. Secure the blessings of liberty to ourselves and our 
posterity, 

Do ordain and establish this Constitution for the United 
States of America. 

The Preamble is no part of the Constitution, but is a key 

to that document. The Preamble sets forth the purposes 

The Purpose of and objects for which the Constitution 

the constitution. was formed, and to secure which it was 

offered to the people for their ratification and adoption. 

As stated elsewhere, the union of the States had been 
very imperfectly formed, and even more imperfectly sus- 
tained. It was entirely deficient in every particular men- 
tioned in the Preamble. 

The following were the more prominent defects of the 
Union as it existed at the time this Constitution was 
formed, as given by an eminent jurist of a later day : — 

1st, There was an utter w r ant of all coercive authority 



52 



PREAMBLE TO THE CONSTITUTION. 53 

in the Continental Congress to carry into effect any of 
their constitutional measures. 

2d, There was no power in the Continental Congress to 
punish individuals for any breach of their enactments. 

3d, They had no power to lay taxes, or The Defects of the 
to collect revenue for the public service, confederation. 
The power over taxes was expressly and exclusively re- 
served to the States. 

4th, They had no power to regulate commerce, either 
with foreign nations or among the several States. It was 
left, with respect to both, exclusively to the management of 
each particular State. 

5 th, As might be expected, the most opposite regulations 
existed in different States ; and there was a constant resort 
to retaliatory legislation from their jealousies and rivalries 
in commerce, in agriculture, or in manufactures. Foreign 
nations did not fail to avail themselves of all the advan- 
tages accruing from this suicidal policy, tending to the 
common ruin. 

6th, " For want of some singleness of power, — a power 
to act with uniformity, and one to which all interests could 
be reconciled, — foreign commerce was sadly crippled, and 
nearly destroyed." 

7th, The country was deeply in debt, without a dollar to 
pay, or the means even to draw a dollar into the public 
treasury ; and what money there was in the country was 
rapidly making its way abroad.- 

8th, Great as these embarrassments were, the States, 
full of jealousy, were tenaciously opposed to making the 
necessary concessions to remedy the great and growing 
evil. All became impressed with the fear that, unless a 
much stronger national government could be instituted, 
all that had been gained by the Revolutionary struggle 
would soon be lost. 



54 CIVIL GOVERNMENT. 

To these defects may be added the following also : — 

ist, The Congress consisted of but one House ; and the 
States, large and small, had equal power in that body. 
Wherj a bill had passed that House, it was the law of the 
land. 

2d, There was no executive officer to enforce the laws, 
or whose sanction was required in making the laws. 

3d, There w T as no national judicial tribunal to give 
construction and interpretation to the law T s. 

4th ; Congress had no power to enforce obedience to 
treaties, although they could make them, and recommend 
their observance. 

5th, They could borrow money pledging the faith of 
the Union, but had no positive means of raising a single 
dollar. 

6th, They could declare war, but could not coerce into 
the field a single soldier. 

Questions, 

1. What is the Preamble to the Constitution? 

2. What does the Preamble set forth? 

3. What is said of the formation of the Union ? 

4. What were the more prominent defects of the Union at the 

time of the formation of the Constitution, as given by an 
eminent jurist ? 
5o What other defects are mentioned ? 



LESSON IX. — PREAMBLE, Continued. 

The first object expressed in the Preamble is to form 
a more perfect Union ; that is, a more perfect Union than 
a. more Perfect had existed under the Confederation. The 
union. government under the former system had 
been found wholly defective. The Union was so imper- 
fect as to be almost unworthy of the name. 



PREAMBLE TO THE CONSTITUTION. 55 

As already stated, under the Confederation there was 
no national judiciary, or system of national courts. The 
only means of legal redress was through to establish 
the State courts \ and the decisions of the Justice. 
courts of one State were often in direct conflict with the 
decisions of courts of neighboring States. The neces- 
sity of a court of higher authority, whose decisions should 
command the respect of the nation at large, was every- 
where felt and acknowledged. The State Legislatures 
were often led to pass laws favoring their own immediate 
and respective localities, and their State courts were too 
ready to give them their sanction. 

The third object, as explained in the Preamble, was to 
insure domestic tranquillity. This means peace among the 
States. For several years some of the Domestic 
States had been involved in controversies Tranquiiuty . 
with each other; and in a few instances these domestic 
dissensions led to bloodshed, and threatened the most 
alarming consequences. Troops were called out by one 
State to meet the hostile forces of another in battle array ; 
and even the General Government seemed too weak for 
the emergency. Disputes of this character, by the Arti- 
cles of Confederation, were to be left to Congress ; but 
this body was not always in session, and, when it was, it 
did not possess the requisite power, and was slow to ex- 
ercise what it had. 

The want of some common tribunal that could act with 
promptness and commanding authority was everywhere 
admitted. A liberty that was not clothed with authority 
to command peace at home was clearly more of a curse 
than a blessing. One of the purposes, therefore, of the 
Constitution was the creation of ample power to insure 
domestic tranquillity. 

The common defense was not properly provided for 



56 CIVIL GOVERNMENT. 

under the Confederation. A people not prepared for war, 
and known not to be, will constantly be liable to aggres- 
sions from neighboring nations. On the contrary, a na- 
tion known to be prepared will be quite unlikely to be 
attacked. A weak nation is never formidable, and will 
never command the respect of its neighbors. 

Congress, under the Confederation, as we have seen, 
could recommend, but could not enforce, measures for the 
Common common defense. They could not even 
Defense. declare war, nor exercise any of the war 
powers, without the concurrence of nine of the thirteen 
States ; nor even when they had declared war under these 
restrictions, should they do so, could they force into service 
a single soldier. Sound statesmanship demanded, there- 
fore, that something should be done to provide more 
effectually for the common defense. By reference to the 
war power in the Constitution, it will be seen that this pro- 
vision has been made. 

To promote the general welfare is another object speci- 
fied in the Preamble. This duty properly devolves on 
every national sovereignty. It is, indeed, 

G-enevcil Welfoive* 

" or should be, the primary purpose of every 
government. The individual States of America had not 
the means, nor have they now, to secure this desirable 
object. It requires larger resources than belong to a single 
State. 

From the poverty of language it would be impossible to 
specify, within any convenient limits, all the powers which 
a government like that of the United States might at 
some time find it necessary to exercise, and under some 
possible emergencies. 

And although fears may be indulged in some quarters, 
that, under a clause of such broad signification, some of 
the departments, especially the legislative, and perhaps 



PREAMBLE TO THE CONSTITUTION. 57 

the executive, may overreach and go beyond their pre- 
rogatives, yet the ballot is the remedy in the one case, and 
impeachment in the other. 

"To secure the blessings of liberty to ourselves and our 
posterity," is the closing language of the Preamble. It is 
an appropriate climax. It briefly ex- 
presses the whole purpose of human gov- Libevuf 
ernment. 

" Give me liberty, or give me death ! " exclaimed the 
immortal orator of the Revolution. Without political and 
religious liberty, life itself would become valueless, and 
existence a burden : with it, we may have all that is val- 
uable in earthly institutions ; for, if a nation enjoys 
liberty, its citizens have the means of enjoying every other 
earthly blessing. 

But the patriotic authors of the Constitution were not 
content with this sacred boon for themselves merely : they 
were earnest to perpetuate this inestimable blessing to the 
remotest posterity. 

Questions. 

6. What is the first object expressed in the Preamble? 

7. What were the only means of legal redress ? 

8. What is said of the necessity of a higher court ? 

9. What were the State Legislatures often led to do? 
10. What is the third object expressed in the Preamble? 

n. What had been the condition of the States for several years? 

12. To whom were disputes of this character to be referred ? 

13. What is said of the ability of Congress to settle them ? 

14. What want was felt on that account? 

15. What is the fourth object mentioned in the Preamble? 

16. What is said of the necessity of being prepared for war? 

17. What is said of the weakness of Congress under the Confed- 

eration? 

18. What is the fifth object mentioned in the Preamble? 

19. What should be the primary purpose of every government? 

20. What is said of the inability of States to do this ? 

21. What is the closing language of the Preamble? 



BLACKBOARD EXERCISE. 



Legislative. 



I. House of Representatives. 
II. Senate. 



C H APTER VIII. 

LESSON X.— CONGRESS. 



The Congress of the United States is the lawmaking 
branch of our government. All the lawmaking powers 
are vested in it, and it consists of a Senate and a House of 
Representatives. 

In saying that this is the lawmaking branch, the state- 
ment must be taken with this qualification : that if the 
President of the United States shall officially object to 
any bill passed by the two Houses, the same must be re- 
passed by a vote of two thirds of each branch of that 
body, or it fails to become a law. 

In the Congress are vested all, or nearly all, the powers 
rowers of and attributes of national sovereignty, — 
congress. suc h as belong to all independent nations. 

Among these powers are : i. To lay and collect taxes, 
duties, imposts, and excises; 2. To borrow money; 3. 

68 



CONGRESS. 59 

To regulate commerce; 4. To coin money; 5. To consti- 
tute judicial tribunals; 6. To declare war; 7. To grant 
letters of marque and reprisal ; 8. To raise and support 
armies; 9. To provide and maintain a navy; 10. To pro- 
vide for the calling-forth of military forces ; n. To admit 
new States into the Union. 

All these powers, and many more, as will be seen in 
treating of the powers of Congress hereafter, are vested 
by the Constitution in this branch of the Federal Govern- 
ment. They must assemble at least once every year, 
which meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Either or both Houses, on extraordinary occasions, may 
be required to convene in extra session, on the call of the 
President of the United States. 

The House of Representatives is, in a special sense, that 
division of the legislative body which represents the people 
of the several States. The members are The Mouse of 
elected by the votes of the qualified voters Representatives. 
of the several State congressional districts. As will be seen 
hereafter, they are a much more numerous body than the 
Senate. In many respects they may be compared to the 
House of Commons in England. The term of its exist- 
ence, by constitutional limitation, can never extend beyond 
the period of two years. 

We have a new House of Representatives every alter- 
nate year, always commencing^ with the years of odd 
numbers ; and Congress is numbered by the number of 
times we have had a new House of Representatives. 
Thus we speak of the Fiftieth, Fifty-first, Fifty-second, and 
Fifty-third Congresses, and the numbers of these Con- 
gresses correspond to the number of times respectively that 
the House has been organized. 

The Senate is a perpetual body, consisting of two mem- 

Short. Civ. Gov.— 6 



60 CIVIL GOVERNMENT. 

bers from each State, chosen by the Legislature thereof 

for the term of six years. The Constitution requires 

higher qualifications for membership here 

The Senate. ° . r 

than in the other House. The reasons for 
this will appear hereafter when we reach the analysis of 
the Senate. 

The Senators represent the States as States in their sov- 
ereign or political capacity. On the floor of the Senate 
the States, large and small, afe equal in political power 
and influence. 

Questions. 

i. What is the Congress of the United States ? 

2. Of what does it consist? 

3. What if the President of the United States objects to a bill ? 

4. What powers are vested in Congress ? 

5. Will you state some of these powers ? 

6. How often and when shall Congress assemble ? 

7. What is said of an extra session of Congress ? 

8. What is the special character of the House of Representatives ? 

9. How are members elected? 

10. To what may they be compared ? 

11. How long is a Representative term ? 

12. How often do we have a new House ? 

13. How are Congresses numbered ? 

14. What is the Senate ? 

15. What do the senators represent? 

16. What is the relative power of the States in the Senate ? 



BLACKBOARD EXERCISE, 



\t 



House of Representatives. 

I. How composed (3) 

II. Eligibility: 

i. Age (4) 

2. Citizenship ...... (.£) 

3. Inhabitancy (4) 

III. Number of Members ..... (5) 

IV. How apportioned (99) 

V. Enumeration. 

1. Jf7/^z #z<37& . . (5) 

2. Zfoz£/ wtfdfc (5) 
VI. i?jy whom elected ...... (#) 

VII. Qualification of Voters (3) 

VIII. J^;* ^/^/^ (5) (75) 

IX. Zfoze/ Vacancies are filled , . , (6') 
X. House Powers. 

1. Legislative. 

(a) Concurrent (£) 

(b) Exclusive (&?) 

2. Inquisitorial . . . . • (7) 

3. Elective. 

(a) House Officers . „ . . (7) 

I (b) President of U. S. . (57) 



61 



CHAPTER IX. 

LESSON XL — HOUSE OF REPRESENTATIVES. 



The House of Representatives is one branch of the 
American Congress, and it assembles at Washington at 
least once a year to take part in making laws to govern the 
nation. This body alone cannot make the laws, but is 
coordinate with the Senate in lawmaking. 

The House of Representatives is composed of members 

elected by the people of the several States. These members 

i. Mow are called representatives because they are 

composed (3). supposed to represent the views and wishes 
of the people who elect them. They act and speak and 
vote as the agent of the people, who are called their con- 
stituency. 

The people cannot all assemble in one body or conven- 
tion to make the laws, and therefore they send their agents 
or representatives to do this business for them. It would 
be impossible for millions of people to assemble in one con- 
vention, and make the laws by which they would promise to 
be governed. 

Eligibility, as here used, signifies the right to hold and 
enjoy an office or position, if properly 

II. Eligibility. . . . , ,~ . .. . 

elected or appointed thereto. To be eligi- 
ble to an office, one must possess the proper legal qualifi- 
cations for it. 

62 



HOUSE OF REPRESENTATIVES. 6$ 

The conditions of eligibility to the House of Represen- 
tatives are three : i. Age; 2. Citizenship; 3. Inhabitancy. 

1. Age is the first condition of eligibility to membership 
of the House of Representatives required 

by the Constitution. The representative 

must have attained to the age of twenty-five years. 

Before the age required by the Constitution, few men 
have had sufficient experience and preparation to qualify 
them for so important a public trust. 

2. Another condition of eligibility is that 2. citizen- 
the member must have been a citizen of ship (4). 
the United States at least seven years. 

The following quotation from the Fourteenth Article of 
Amendment to the Constitution defines the meaning of the 
word "citizen" thus: — 

" All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside." 

We learn by this extract that a person may be a citizen 
of the United States either by birth or by naturalization. 

Naturalization is that process by which an alien or for- 
eigner becomes a citizen of the United States. Before the 
adoption of the Constitution, this whole subject was under 
the control of the several States, some requiring a longer, 
and others a shorter, period of time for its completion ; but 
under the present Constitution, Congress has exclusive con- 
trol of the matter, and now, by the laws of that body, it 
requires five years. These, added to the seven years of 
citizenship required by the Constitution, make it necessary 
that a person of foreign birth shall have actually resided in 
this country at least twelve years before he can take a seat as 
a member of the House of Representatives if elected thereto. 

This is a period sufficiently long, perhaps, to enable a 
person of foreign birth to make himself acquainted with our 



64 CIVIL GOVERNMENT. 

institutions and form of government, and to demonstrate 
his attachment to our country. 

3. The third condition of eligibility is that the member 
must be an inhabitant of that State in which he shall 
3. inhabit- be chosen. States having more than one 
ancy (4). member are divided into congressional dis- 
tricts. A person may reside in one district and yet be 
elected by and for another district of the same State ; but 
this is not usual, though it has been done in some instances. 
If a person has been elected a member in one congressional 
district, and removes to another, or even to another State, 
this removal does not deprive him, during the term for 
which he was elected, of his seat in the House. 

Questions. 

1. What is the House of Representatives ? 

2. How does this branch stand related to the Senate" in law- 

making? 

3. How is the House composed? 

4. Why are the members called representatives ? 

5. Why do the people send representatives to the House? 

6. What does eligibility here signify ? 

7„ What are the conditions of eligibility to the House? 

8. What does the word " citizen " mean ? 

9. How many ways of becoming a citizen of the United States ? 

10. What is naturalization ? 

11. In whose hands was this subject before the adoption of the 

Constitution ? 

12. Under whose control is this matter now? 

13. How long time does it require for a person of foreign birth to 

become eligible to the House? 

14. What is the third condition of eligibility? 

15. How are the States divided ? 



HOUSE OF REPRESENTATIVES. 65 



LESSON XII.— HOUSE OF REPRESENTATIVES, 

Continued. 

As to number of members, the Constitution says, " The 
number of representatives shall not exceed IITt dumber of 
one for every thirty thousand; but each Members (5). 
State shall have at least one representative." 

When the Constitution was formed in 1787, the popula- 
tion of the States was not known, with anything like exact- 
ness, to the convention that framed that document. It was 
provided, however, by the Constitution, that the population 
should be ascertained within a few years by actual count 
or enumeration. 

The number of representatives in the first Constitu- 
tional Congress was sixty-five. This number, it was pre- 
sumed, gave one member to about thirty thousand inhabit- 
ants. 

As the population of the United States should increase, 
of course the number of members in proportion to the 
inhabitants represented must be diminished. If not, the 
number of members in the House of Representatives 
would become too great, in the course of a few years, for 
the convenient transaction of business. Hence once in 
ten years Congress fixes by law the proportion of repre- 
sentation to population. The necessity for this is mani- 
fest. For instance, the population of the United States 
one hundred years after the adoption of the Constitution 
was over sixty millions. With one representative for every 
thirty thousand, the House would then have consisted of 
two thousand members, — a number far beyond that of 
any legislative body in the world. 

The number of members is fixed by a law of Congress 
once in ten years, and their appointment is based on the 



66 CIVIL GOVERNMENT. 

last census. The number fixed, in accordance with the 
Twelfth Census, was 386, being 1 for each 193,167 persons 
in the forty-five States. Using this number as a divisor, and 
dividing the population of each of the States by it, the 
quotient will be its number of members by ratio ; but in 
each instance there will be a remainder, larger or smaller. 
To those States having the larger remainders additional 
members are allowed, so as to make the total of all the 
States 386. Each State is divided into congressional dis- 
tricts by its Legislature; but, in case the number of repre- 
sentatives of a State is increased and the Legislature fails 
to redistrict the State before an election occurs, the addi- 
tional member or members are elected at large on the 
general State ticket. In case the number were diminished 
and the State were not redistricted, the entire number of 
representatives would be elected at large, 

Delaware, Idaho, Nevada, and Wyoming have each a 
population less than 193,167; but they have each one 
member under the constitutional provision that " each State 
shall have at least one representative." 

The number of members is augmented, of course, when 
new States are admitted into the Union. 

Each organized Territory is allowed one delegate^ who 
may speak, but not vote, on any question. 

Questions. 

16. What does the Constitution say on this subject? 

17. What was known about the population of the States when the 

Constitution was formed ? 

18. What was provided by the Constitution in reference to this? 

19. How many members were in the first Constitutional Congress? 

20. As the population of the United States should increase, what 

must be done? 

21. Why must this be done? 

22. By whom and how often is the number of members fixed ? 



HOUSE OF REPRESENTATIVES. 6^ 

23. What is the present number? How apportioned and allotted 

among the States ? 

24. What members are called members at large? 

25. How are members at large elected ? 

26. What if new States are admitted into the Union ? 

27. What is said of organized Territories? 



LESSON XIII. — HOUSE OF REPRESENTATIVES, 

Continued. 

When the Constitution was adopted, slavery existed in 
every State excepting Massachusetts. As a matter of com- 
promise between the North and South, and IVo Howappor- 
after long and earnest debate in the con- tioned {99). 
vention that framed that document, the following clause 
was accepted as the rule for determining the representative 
population : — 

" Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers, which 
shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three fifths of all 
other persons." 

The last clause of this period, " three fifths of all other 
persons," refers to slaves. Three fifths of these were to 
be counted as representative population. 

It will be observed that the Constitution nowhere men- 
tions the word "slave" or " slavery." Whenever it is 
necessary to allude to that class of persons, a definition is 
adopted instead of the word itself. This was deliberately 
intended by the authors of that instrument, feeling that it 
would be a stain upon their work. The word " slavery " 
occurs in the Thirteenth Article of Amendment, and 



68 CIVIL GOVERNMENT. 

there only for the purpose of abolishing that institution 
throughout the United States, and in all places subject to 
their jurisdiction. This amendment was proclaimed by the 
secretary of state, Dec. 18, 1865, to be a part of the supreme 
law of the land. From that day, therefore, slavery ceased 
to exist throughout the United States and their Terri- 
tories. 

By a part of the second clause of the Fourteenth Article 
of Amendment, which was subsequently adopted July 28, 
1868, the count of representative population was essen- 
tially modified. From the time of the adoption of that 
article, representatives are to be apportioned among the 
several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding 
Indians not taxed. 

By a subsequent provision of the same clause, if any 
State shall disfranchise any of the male population, being 
twenty-one years of age and citizens of the United States, 
and prohibit their voting at the usual elections, the basis of 
representation is to be reduced in the proportion which 
the number of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in such 
State. 

By the Fifteenth Article of Amendment, subsequently 
adopted March 30/1870, the States are forbidden to deny 
or abridge the right of citizens of the United States to 
vote on account of race, color, or previous condition of 
servitude. 

Thus it will be seen that the entire population, and the 
representative population, excluding Indians not taxed, 
are identical. 



HOUSE OF REPRESENTATIVES. 69 



Questions. 

28. How many States held slaves at the adoption of the Constitu- 

tion? 

29. How were representatives then apportioned? 

30. To whom does " three fifths of all other persons " refer? 

31. Where and for what purpose does the word " slavery" occur 

in the Constitution ? 

32. When was slavery abolished in this country? 

33. How are representatives now to be apportioned? 

34. For what cause is the basis of representation to be reduced ? 
35= What is the substance of the Fifteenth Article of Amendment ? 



LESSON XIV. — HOUSE OF REPRESENTATIVES, 

Continued. 

It will be remembered that the Constitution was formed 
in 1787. In reference to the enumeration, it says that the 
actual enumeration shall be made within 

V. Enumeration. 

three years after the first meeting of the 
Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by 
law direct. 

The enumeration is what is generally known as the 
census. The primary and leading object for which the 
census is taken is to equalize representation in the House 
of Representatives in proportion to the population of the 
several States. Indeed, this is the only means by which 
equality by representation can be secured. 

The Constitution requires that the census shall be taken 
once in ten years. By act of Congress it was taken the 
first time in 1700 ; and it has been taken 

l.W7ienmade{5). 

decennially ever since, during the first 

year of every regular decade: thus, 1800, 1810, 1820, etc. 

It has therefore already been taken twelve times. 



70 CIVIL GOVERNMENT. 

The manner of taking the census is under the control of 

Congress, to be fixed from time to time by law. Since the 

organization of the Department of the 

2. Koiv made (5) . _ . . n x n _ . . 

Interior (1849), that department has had 
general supervision of the matter. The Twelfth Census 
was by law placed under the immediate superintendence of 
the director of the census, who was made the head of 
the Census Office. Supervisors had charge of limited dis- 
tricts, one or more in each State, under whose direction 
the enumerators canvassed their respective subdistricts 
during the month of June, 1900. 

The duties of these enumerators consisted im visiting 
personally every dwelling-house and family within the 
limits of their respective jurisdictions, and propounding 
to some member of the family, of suitable age and intelli- 
gence, such questions as are required by act of Congress. 

These questions relate not only to the number of inhab- 
itants, but to their ages, sex, color, ability to read and 
write, facts relating to agriculture, manufactures, commerce, 
resources of the country, its productions, and, in fact, 
everything that may be necessary to give a general view 
of the condition of the United States. 

For the collection of industrial statistics there were em- 
ployed, besides the enumerators, many special agents. 

Nor is it left to the discretion of persons questioned 
whether they will answer the interrogatories. They are 
compelled to answer, under penalty of a heavy fine for 
refusing to do so. 

Representatives are elected by the people of the several 
States. This is required by the express language of the 

ri. Bij whom Constitution. The word " people," how- 
elected (3). ever, does not include all persons, men, 
women, and children, but includes those persons only who 
are qualified voters. 



HOUSE OF REPRESENTATIVES. 7 1 

This provision of the Constitution met with very strong 
opposition in the convention that framed that document. 
Some of the ablest men of that body contended that it 
was unsafe to allow the people to elect, by direct vote, 
their own representatives to Congress. This class of 
members earnestly contended that it would be an excess 
of democracy most dangerous in the hands of the people ; 
that they were not qualified to exercise this prerogative. 
By the members holding this view it was proposed that 
these elections should be referred to the several State 
Legislatures. But at length the provision passed by a 
very close vote. Had the proposition prevailed to elect 
representatives by State Legislatures, it is highly probable 
that the Constitution would have been rejected by the 
people. 

Questions. 

36. When was the Constitution formed ? 

37. What does it say of enumeration ? 

38. What is the leading object for which the census is taken? 

39. How often must the census be taken ? 

40. When was the first census taken ? 

41. How many times has it been taken ? 

42. Who has the control of this matter? 

43. What department has the supervision of this matter? 

44. What officer has immediate control of the census ? 

45. What other officers are employed in this business ? 

46. How do the enumerators canvass their districts ? 

47. What penalty attaches to a refusal to answer the officer's ques- 

tions ? 

48. By whom are representatives elected? 

49. Who are these people? 

50. What is the substance of the discussion in the convention on 

this subject? 



72 CIVIL GOVERNMENT. 



LESSON XV. — HOUSE OF REPRESENTATIVES, 

Continued. 

The word " electors " here means voters. The Con- 
stitution requires that the electors, or voters for members 
rii Qualified- °f tne House of Representatives, shall have 

Uons of Elect- the qualifications requisite for the voters, 
ors (3). or e i ectors f tne most numerous branch of 

the State Legislature. 

A State Legislature, like the Federal Congress, consists 
of two Houses, one of which is called the Senate, and the 
other of which is known as the Assembly, House of Dele- 
gates, or House of Representatives, — in one State by one 
name, in another by another. The Senate is the least 
numerous branch, and is frequently called the upper 
House ; the other branch is the most numerous, and is 
often called the lower House. 

In some States higher qualifications are required to vote 
for members of the upper than of the lower House ; but, by 
the provision of the Constitution just referred to, no State 
has the right to require any higher qualification of an 
elector to vote for a member of the House of Representa- 
tives than it requires to vote for a member of its own lower 
House. 

For instance: the Senate of the State of New York 
consists of fifty members; the Assembly, of one hundred 
and fifty, the Assembly being the most numerous branch 
of the State Legislature. Now, if the State of New 
York were to require a property qualification to vote for 
a State senator, and no such qualification to vote for a 
member of the other House, that State could not re- 
quire a property qualification to vote for a member of 
the National House of Representatives. Whoever may 



HOUSE OF REPRESENTATIVES. 73 

vote for a member of Assembly in New York may enjoy 
the right to vote for a representative in Congress. Each 
State, therefore, determines this whole question for itself. 
Were women allowed to vote for members of the Assembly 
in the State of New York, they must also be allowed to 
vote for members of the lower House of Congress. 

Members of the House of Representatives are elected in 
the several States by congressional districts. When it has 
been ascertained how many members each State is entitled 
to, the Legislatures of the several States divide them 
respectively into as many congressional districts as they 
are each entitled to members. These, congressional dis- 
tricts are numbered, for convenience, ist, 2d, 3d, etc., and 
are known by their numbers. 

The electors of each district vote for but one candidate, 
though that candidate need not necessarily be a resident 
of the voter's district. He must, however, as we have seen, 
be an inhabitant of the State in which he shall be chosen. 

The Constitution says that representatives shall be chosen 
every second year ; that is, once in two via. when elect- 
years. The representative term commences ed W ( 1S >- 
the fourth day of March next after the election of the mem- 
bers, and continues for two years. 

For many years the day of election of representatives 
was not the same in the several States, — the time was 
regulated by each State Legislature for its own jurisdic- 
tion, — but by paragraph (15) of the Constitution the time 
of holding elections for representatives may be determined 
by Congress. 

Under this authority a law was passed Feb. 2, 1872, 
fixing the time for election of representatives ; and by this 
law the time is the same throughout the United States, 
except in a few States where another day is fixed by the 
State constitutions. 



74 CIVIL GOVERNMENT. 

In all other States and Territories the election must be 
held on the first Tuesday after the first Monday in Novem- 
ber, the year of the election. 

The Constitution says, " When vacancies happen in the 
ix. How Vacan- representation from any State, the execu- 
te* are filled (6). tive aut hority thereof shall issue writs of 
election to fill such vacancies." 

The writ of election is directed to the proper officer of 
the congressional district in which the vacancy occurs. 
The writ commands that the election shall be held at a 
time therein named, and it is the duty of the officer to 
whom it is directed to give notice thereof. The ^election 
held in pursuance of such writ is called a special election. 

The representative elected to fill a vacancy serves only 
the unexpired portion of the term for which his predecessor 
was elected. Vacancies can only happen by death, resigna- 
tion, or expulsion of the incumbent from his seat in the House. 

Questions. 

51. What does the word "electors" mean? 

52. What must be the qualifications of voters? 

53. Of what do State Legislatures consist? 

54. Which is the most numerous branch? 

55. What qualifications has a State a right to require of voters for 

a representative in Congress? 

56. Give the substance of the illustration. 

57. What is said about congressional districts? 

58. How often are members chosen ? 

59. When does a representative term begin, and how long continue ? 

60. By whom has the time for electing representatives been deter- 

mined heretofore? 

61. By whom is it now determined? 

62. Hereafter on what day is the election to take place? 

63. Where is the election to be held on that day? 

64. How are vacancies filled? 

65. What is said about this writ of election? 

66. How may vacancies occur? 



HOUSE OF REPRESENTATIVES. f$ 



LESSON XVI. — HOUSE OF REPRESENTATIVES, 

Continued, 

The House is coordinate with the Senate in general 
legislation. There are special powers peculiar to each 
House, and these are so clearly defined in v _ „ 

J X. Mouse Powers, 

the Constitution as to take away all ambi- 1. Legislative. 
guity. There can be no mistaking the pow- {a) Concur ™ nt (*>■ 
ers of one House for those of the other. But in the general 
ordinary business of lawmaking the Houses are coordinate 
in legislative power. 

The Constitution says, " AH bills for raising reve- 
nue shall originate in the House of Repre- 

° (b) Exclusive (23), 

sentatives. 

It will be seen, therefore, that the power for originating 
bills which may result in a tax upon the people belongs 
exclusively to the House. 

This body, as has been stated, is constituted of the more 
immediate representatives of the people ; and as the people 
are to pay the taxes, if any are imposed, it would seem fit 
and proper that their representatives should be the prime 
movers in any measures that require money to prosecute 
them. 

The House of Representatives has the sole power of 
finding, or preferring articles of impeachment. An im- 
peachment is a solemn and specific accusa- #, inquisitor 
tion brought against a public officer, drawn rial W- 

out in due form, charging him with treason, bribery, or 
other crimes and misdemeanors. 

It is in the nature of an indictment, being only prima 

facie evidence of guilt; sufficient, however, to put the 

accused on trial at the bar of the Senate. Although it 

requires a majority of two thirds of the Senate to convict 

Short. Civ. Gov.— 6 



7& CIVIL GOVERNMENT. 

the accused, it requires only a numerical majority to prefer 
the impeachment by the House. 

It would be in the highest degree improper for the ac- 
cusing party to try and pronounce upon the guilt of the 
accused. When originating charges of impeachment, the 
House acts as the grand inquest of the nation. The Senate 
alone decides on the innocence or guilt of the accused. 

In England the power of impeachment is vested in the 
House of Commons,, the people's branch of the legislative 
department ; and the trial of impeachment belongs to the 
House of Lords, to which our Senate is somewhat analo- 
gous (see Townsend's Analysis of Civil Government). 

The Constitution says that the House shall choose their 
speaker and other officers. The speaker is the presiding 

3 Elective. °ffi cer of the House. He is chosen from 
(a) Souse ofii- among the members themselves, being 
himself a representative. It is his duty to 
preside over the deliberations of the House, to keep order, 
and to appoint standing committees. The other officers 
are a clerk, sergeant-at-arms, postmaster, and doorkeeper. 
These officers are not members of the House. 

Among the peculiar and exclusive powers of the House 
(b) President of the of Representatives is that of choosing a 
United states {57). President of the United States in a cer- 
tain contingency. 

When the electors of President and Vice-President fail to 
elect a President by a majority of all the electors appointed 
by the people for that purpose, the election of the President 
devolves on the House. This has occurred twice since the 
adoption of the Constitution. 

The first instance of an election by the House occurred 
in 1801. The two opposing candidates were Thomas Jef- 
ferson of Virginia, and Aaron Burr of New York. Mr. 
Jefferson was elected on the thirty-sixth ballot 



HOUSE OF REPRESENTATIVES. 77 

The second instance of the kind occurred in 1825. At 
that time there were three candidates for the office, whose 
names were before the House, These were John Quincy 
Adams of Massachusetts, Andrew Jackson of Tennessee, 
and William H. Crawford of Georgia. Mr. Adams re- 
ceived a majority of the votes on the first ballot, and was 
declared elected. He was the sixth President of the United 
States, 

Questions. 

57. How are House powers divided and subdivided ? 

68. What is said about the special powers of the two Houses? 

69. What bills must originate in the House? 

70. What is an impeachment? 

71. What is said about impeachments in England ? 

72. What are the position and duties of the speaker? 

73. What are the other officers of the House? 

74. In what case does the House elect a President of the United 

States ? 

75. How many times, and when, has this occurred in our history? 



BLACKBOARD EXERCISE. 





Senate* 












L 


How composed e . 


• 










; (5) 


Ho 


Eligibility. 














i Age . . . 


• 


• 


O 




« (*>) 




2. Citizenship # . 













(#) 




3. Inhabitancy . # 


• 


• 


O 




.' (*>) 


III. 


Senatorial Term 9 c 







O 





(5) 


IV. 


By whom chosen . # 


© 





© 




(5) 


V. 


When chosen . . • 




« 


O 


y 




(^) 


VI. 


Zfoz# classed. 














1. Expires Second Year . 










O 


(0) 




2. Expires Fourth Year 


• 





O 




. (9) 




3. Expires Sixth Year * 




• 








(9) 


VII. 


Zftw Vacancies are filled. ' 














1. Legislature ; e 













(») 




2. »S/a/^ Executive a 


■ 










. (9) 


VIII. 


%te • 







• 





(*) 


IX. 


Presiding Officer. 














1. Vice 1 President U. So « 




e 


c 


Q 


(11) 




2. President pro tempore 





e> 







(IS) 




3. Chief Justice e • 




6 


• 


O 


(IS) 


X. 


Senate Powers. 














1. Legislative* • « 




• 


• 





(2) 




2. Executive. 














(a) Appointments 




• 


e 





m 




(b) Treaties „ 


• 





e 




. (ft*) 




3. Elective. 














(a) Senate Officers 


• 


O 







. (I*) 




(b) Vice-President U $* 


O 








(57) 




4. Judicial. • © 





O 







(IS) 




■38 













CHAPTER X 

LESSON XVII. — SENATE. 



The Senate of the United States is composed of two 
senators from each State. While in the House each State 
is represented in proportion to the popula- j t & ow 
tion thereof, and consequently enjoys politi- composed («). 
cal power in that proportion, no such distinction exists in 
the Senate : here the States, large and small, are equal. 
This is an unalterable provision of the Constitution, as will 
be seen by the closing language of Article V. of that docu- 
ment, which says, " No State, without its consent, shall be 
deprived of its equal suffrage in the Senate." 

The composition of the Senate is the result of compro- 
mise between the larger and smaller States represented in 
the Constitutional Convention. Under the Confederation, 
it will be remembered, the representative power in Con- 
gress was the same in all the States ; and that body con- 
sisted of but one House. The small State of Rhode Island 
had one vote, and the great State of Virginia had no more. 
The small States were tenacious of this power, and were 
reluctant to allow any encroachment on their sovereignty. 

The large States yielded one point in the compromise, 
and the small States another. The large States consented 
to equality in the Senate; and the small States, to repre- 
sentation in the House in proportion to population. And 
as every bill, before it can become a law, must pass both 



19 



80 CIVIL GOVERNMENT. 

Houses of Congress, the rights of the smaller States are 
not likely to be compromised in the legislative depart- 
ments. 

The age of a senator must be at least thirty years. By 
reference to the age required for membership in the other 
n. Eligibility. House, it will be seen that there is a differ- 

l. Age (10). ence of five years, a man being eligible to 
a seat in that House at twenty-five years. It is considered, 
that, at least in some respects, the duties of a senator are 
more responsible than the duties of a member bf the House 
of Representatives. 

This may be inferred from the following : — 

i st, There can be but two senators from one State, while 
the number of representatives will depend on the popula- 
tion. The State of New York, for instance, can have but 
two senators, but, by the apportionment based on the census 
of 1900, has thirty-seven members* of the other House. 

2d, The responsible duty of trying all impeachments 
devolves on the Senate ; and from their decision there is 
no appeal. 

3d, On the Senate rests the grave responsibility of de- 
ciding on the fitness of executive nominations to office. 

4th, In the Senate is vested, jointly with the executive, 
the prerogative of treaty-making. 

Any person born or naturalized in the United States, 
and subject to the jurisdiction thereof, is a citizen. The 
2. citizenship period of citizenship here required, before 
(i0 )- a person can be eligible to a seat in the 

Senate, is nine years. This refers to persons of foreign 
birth, who must go through the process of naturalization in 
order to become citizens. 

The laws of Congress require five years 9 residence 
before an alien can become naturalized, and the Constitu- 
tion nine years' citizenship before he can hold the office 



SENATEo 8 1 

of United States senator ; making fourteen years' resi- 
dence necessary before he is eligible to a seat in that 
body. 

A senator of the United States must be an inhabitant of 
that State for which he is chosen. 5# inhabitancy 

But let it be observed, that necessity of ( i0 )- 

inhabitancy is limited to the time when chosen. A senator 
chosen for New York; for instance, does not vacate his seat 
in the Senate by changing his residence to any other State 
during the term for which he was elected. It might be in 
the highest degree proper that he should resign, but that 
is a matter within his own discretion. 

Questions. 

i. How is the Senate of the United States composed, and how 
does it differ in composition from the House of Representa- 
tives ? 

2. What is the provision of the Constitution with reference to 

this? 

3. Of what is the composition of the Senate of the United States 

the result? 

4. What is said of the power of Congress under the Confedera- 

tion ? 

5. What are the conditions of eligibility to the Senate of the 

United States ? 

6. In what respects are the duties of a senator more responsible 

than those of a member of the other House ? 

7. Who are citizens of the United States, and what are the citizen- 

ship conditions of eligibility to the United States Senate? 

8. What time is required for naturalization? 

9. What is said of the necessity of continuous inhabitancy to ren- 

der one eligible as presiding officer of the Senate? 



82 CIVIL GOVERNMENT. 



LESSON XVIII. — SENATE, Continued. 

. The full senatorial term is six years, — a period three 

times as long as a term in the other House. The senato- 

iii. senatorial rial term was a subject of earnest debate 

Term, (8). j n fog convention, and on which, at first, 

there was great difference of opinion. 

The terms of three, four, five, six, seven, and nine years 
were severally proposed, and each had its advocates. 
Several members were in favor of extending the term for 
life, or during good behavior. > 

All were in favor of a term sufficiently long to insure to 
the office dignity, stability, and independence. Six years 
was probably not the choice of half the members of the 
convention, but that term was adopted as a compromise 
of the extremes. 

It was the intention of. the authors of the Constitution 
that the Senate should be a far more grave, dignified, and 
aristocratic body than the House. 

The senators are chosen by the Legislatures of their 
respective States. They represent ' their States in their 
iv. By whom political capacity, and are not regarded as 
chosen (8). representatives of the people. In the other 
House, a member, as we have seen, represents the people 
of his congressional district. The senator represents the 
whole State, by which he is chosen through its Legislature. 
Therefore State Legislatures claim the right to instruct 
their senators in regard to the course which they wish them 
to take on great national questions, even to the extent of 
dictating how they shall vote on such questions. 

As the Legislature appoints the senator, they consider 
him as their immediate agent, or servant, and properly 
subject to their dictation and authority. 



SENATE. 8$ 

They often request the representative, but instruct the 
senator. 

By a provision of the Constitution, one third of the num- 
ber of senators is chosen every second v. wiien chosen 
year. #>• 

This must necessarily be so, on account of the mode 
of classifying the senators which is prescribed in the Con- 
stitution, and which is therein directed to take place at 
the first organization of the Senate under the new gov- 
ernment. 

Only one third of the senators being chosen every sec- 
ond year, and but one third retiring every second year, 
the Senate must always be constituted of members one 
third of whom have had at least four years of legislative 
experience, and of another third who have had at least 
two. 

By act of Congress, passed July 26, 1866, relating to 
the election of United States senators by the State Legis- 
latures, it is provided, — 

1st, That each House shall, by a vote viva voce of each 
member present, on the second Tuesday after the meeting 
and organization thereof, name a person for senator of the 
United States. 

2d, On the day following, the two Houses shall meet 
in joint assembly ; and, if the same person shall have re- 
ceived a majority of all the votes cast in each House, he 
shall be declared duly elected senator of the United 
States. 

3d, If no person has received such majorities, then the 
joint assembly shall choose by a viva voce vote a person 
for senator ; and the person who shall receive a majority 
of all the votes of the joint assembly, a majority of the 
members of each House being present, shall be declared 
duly elected. 



84 CIVIL GOVERNMENT. 

4th, If such senator is not elected»on the first day, the 
joint assembly shall meet, and take at least one vote per 
day, during the entire session of the Legislature, or until a 
senator shall be elected. 

5th, In relation to vacancies, the act provides that when 
one exists at a meeting of the Legislature, the same pro- 
ceedings shall be had on the second Tuesday after their 
meeting and organization. 

6th, When a vacancy shall happen during the session of 
the Legislature, like proceedings shall be had, beginning 
with the second Tuesday after notice of such vacancy 
shall have been received. / 

7th, The governor of the State shall certify the election 
of a senator to the President of the United States. 

Questions. 

10. What is a senatorial term ? 

11. How does this compare with a term in the other House of 

Congress ? 

12. What were the views of the members of the convention on 

this subject ? 

13. By whom are the senators chosen, and whom do they represent 

in their political capacity ? 

14. How does the representation of senators differ from that of 

the other House ? 

15. Why do State Legislatures claim the right to instruct their 

senators ? 

16. What portion of the senators is chosen every second year, and 

why must this be so ? , 

17. What is the result of this ? 

18. When, and by what formality, are United States senators 

elected? 



SENATE. 85 



LESSON XIX. —SENATE, Continued. 

The Constitution says, " Immediately after they shall be 
assembled in consequence of the first election, they shall 
be divided, as equally as may be, into three n. Tiiree classes 
classes. The seats of the senators of the of Senators (9). 
first class shall be vacated at the expiration of the second 
year ; of the second class, at the expiration of the fourth 
year ; and of the third class, at the expiration of the sixth 
year." 

By the foregoing provisions of the Constitution, it will be 
seen that the Senate is a perpetual body. This was the 
intention of the framers of that instrument. The preroga- 
tives with which it is invested, and the duties required of 
it, render this indispensable. It may be necessary to con- 
vene them at any time for the purpose of trying impeach- 
ments, confirming executive nominations to office, or con- 
curring with the President in making treaties. Of course, 
there would be times when this could not be done if the 
Senate were not a perpetual body. 

The number of senators at first was twenty-six, there being 
thirteen States in the Union, and two senators from each 
State. Were each of these senators to serve for six years, 
their terms would all expire at the same time ; but the plan 
was, that one third should retire every second year : hence 
the first Congress classified the senators, and determined 
by lot who should retire at the end of two years, who at 
the end of four, and who at the end of six. That classi- 
fication has been preserved, as nearly as practicable, ever 
since. 

When a new State is admitted into the Union, and it 
chooses two senators, it is determined by lot which shall 
serve for the short and which for the full term. 



S6 CIVIL GOVERNMENT. 

The language of the Constitution on the subject of filling 
vacancies is as follows : — 

" If vacancies happen by resignation or otherwise during 
the recess of the Legislature of any State, the Executive 
vn. Sow Vacan- thereof may make temporary appointments 

cies are filled. unt jj tf\e next meeting of the Legislature, 
which shall then fill such vacancies." 

As implied by this language, if the Legislature of the 
State in which the vacancy occurs is in session when it 

1. By theLegisia- happens, that body will fill the vacancy. 

ture (9). As to when and how they shall fill it, has 
been explained under the head, in this chapter, " When 
chosen." 

The Executive is the governor of the State. He may 

2. By the JExecu- make temporary appointments to fill vacan- 

tive (9). cies tllat occur w hen the State Legislature 

is not in session. 

If the Legislature is in session when the vacancy hap- 
pens, the governor has no authority over the matter : nor 
can he make an appointment, even for a single day, in 
anticipation of a vacancy that is soon to occur ; he must 
wait until it has really taken place. This has been decided 
by the Senate of the United States. Nor can the State 
Legislature choose a senator to fill a vacancy, until the 
vacancy has actually happened. 

The Constitution says, " Each senator shall have one 
vote." 

This clause would seem to be superfluous, unless it be 

remembered, that, under the Confederation, each State, 

whatever the number of its members in 

VIII. Vote (8). ■ . _ 

Congress, had but one vote ; and, if less 
than two members were present, it had no vote. 

The States were each allowed from two to seven mem- 
bers j and, if their delegation was equally divided, they 



SENATE. 87 

lost their vote. One member was incapable of voting 
alone. 

It was the intention of the Constitution to give equality 
of suffrage in the Senate ; with the further advantage that 
a senator shall not lose his vote, nor his State go entirely 
unrepresented, on account of the absence of one of the 
members from the Senate Chamber. 

Questions. 

19. How are senators classed, and when do their terms expire? 

20. How long does the Senate exist ? 

21. What is the necessity of this ? 

22. How many senators were in the first Constitutional Congress? 

23. By what means were they classified ? 

24. What is done when new States are admitted? 

25. By whom are vacancies filled ? 

26. What has been decided by the Senate in regard to filling 

vacancies? 
27„ What is the origin of the provision that each senator shall 
have one vote ? 



LESSON XX. — SENATE, Continued. 

The Vice-President of the United States is ex officio (that 
is, by virtue of his office) president of the Senate, He 
performs the ordinary duties devolving on 

r J & IX. Presid- 

a presiding officer, except that he does not ing officer. 
appoint the standing committees* This *■ Viee - Pres ' 

exception is proper from the fact that he 

is not a member of the body over which he presides. 

In case of the removal of the President of the United 
States from office, or of his death, resignation, or inability 
to discharge the powers and duties of the said office, these 
duties devolve on the Vice-President ; and he becomes 



88 CIVIL GOVERNMENT. 

President of the United States. In such case, of course, 
he will not act as presiding officer of the Senate \ nor will 
he act as president of that body during the trial of the 
President of the United States on impeachment, should such 
an event occur. 

By the Constitution, the Senate are required to choose a 
2. President pro president pro tempore, in the absence of the 

tempore {12). Vice-President, or when that officer shall 
be occupying the office and performing the duties of Presi- 
dent of the United States. 

The president pro tempore of the Senate is sometimes 
called the Vice-President of the United States; only, 
however, when the Vice-President has become President. 
This is often done, doubtless, by way of courtesy, but some- 
times because he is really thought to be in fact such officer. 
This is a mistake which arose from the fact that until 1886 
the president pro tempore of the Senate stood next in the 
line of succession to the office of chief magistrate, in case 
of the death of both the President and Vice-President. 

The Vice-President is an officer of the United States, 
and no such officer can be a member of either House of 
CongresSc The president pro tempore of the Senate is a 
member of that body, while the Vice-President of the 
United States is not. 

A person may be eligible to the office of senator, and 
consequently to the position of president pro tempore, though 
ineligible to the office-of Vice-President of the United States 
(see Townsend's Analysis of Civil Government). 

The President of the United States is removable from 

office on impeachment by the House, and conviction by 

a. Chief Justice the Senate. The Senate has the sole 

( 13 ^ power to try all impeachments. When the 

President is tried, the chief justice of the United States 

Supreme Court shall preside c 



SENATE. 89 

It would be manifestly improper for the Vice-President 
of the United States to preside over the trial of the Pres- 
ident, whose conviction would result in removal from office. 
As the Vice-President, in such case, would succeed to the 
office of President, the former would be directly interested 
in the conviction of the latter. The President of the 
United States is the highest officer under our government ; 
and it may be regarded in the highest degree proper 
and befitting, that, if brought to trial on impeachment, the 
highest judicial officer should preside over the solemn 
deliberations of such an august proceeding. 

Questions. 

28. Who is the presiding officer of the Senate of the United 

States? 

29. What are his duties? 

30. Why does he not appoint committees ? 

31. To what other duties may he be called ? 

32. Under what circumstances does he not preside over the 

Senate ? 

33. When is the president pro te??ipore chosen? 

34. What is the president pro tempore sometimes called? 

35. Why is he not such officer? 

36. When does the chief justice of the United States Supreme 

Court preside over the Senate ? 

37. Why would it be improper for the Vice-President to preside 

in such case? 

38. Why is the chief justice of the Supreme Court a more appro- 

priate presiding officer? 



90 CIVIL GOVERNMENT. 

LESSON XXI. —SENATE, Continued. 

•The Constitution makes no general distinction between 
the powers of the two Houses in legislation. It vests all 
x. senate Poivers. legislative power in a Congress of the 
1. legislative (Z). United States, consisting of a Senate and 
House of Representatives. These bodies are therefore 
coordinate with each other in general legislation. 

But, as we have seen in a former chapter, there is one 
power relating to legislation vested in the House exclu- 
sively ; and that is the pow r er to originate bills for raising 
revenue. 

Yet, when these bills reach the Senate, that branch of 
the Legislature may treat them in all respects as though 
they originated there. They can propose amendments, 
concur with amendments, or reject them, if proposed by 
the House, at any stage of the proceedings ; or they can 
reject the bills altogether. 

The power over appointments to office and of ratifying 
treaties is called executive, because in such cases the Senate 

2. Executive. acts on tne recommendations of the Presi- 

(a) Appoint- dent. In the transaction of such business 
ments (64). ^g sess j on j s called an executive session ; 
and they sit with closed doors, the members being generally 
under an injunction of secrecy. 

The President nominates, and by and with the advice 
and consent of the Senate appoints, ambassadors, other 
public ministers, and consuls ; judges of the Supreme 
Court, and all other officers of the United States whose 
appointments are not otherwise provided for in the Con- 
stitution, and which are established by law. 

The power is vested in the Senate of ratifying or 
rejecting these nominations of the President. 



SENATE. 91 

A treaty is an agreement or contract between two or more 
nations, entered into with proper formality and solemnity, 
defining the rights of the respective parties 

*=> » f (6) Treaties (64). 

thereto with regard to trade, commerce, 

boundaries, or any other subject of interest to the nations 

concerned. 

The terms of treaties are usually agreed upon either 
by commissioners appointed by their respective govern- 
ments for the specific purpose of arranging the details, or 
by ambassadors or other public ministers. 

Treaties are discussed by the Senate in secret session. 
They can ratify or reject a treaty, or ratify it in part and 
reject it in part ; or they can make additions to it. Every 
part of a treaty, to be valid, must of necessity be ratified 
by a vote of at least two thirds of the senators present 
and voting thereon. 

When amendments to, or alterations of, the treaties 
have been made by the Senate, the whole document must 
be re-submitted to the President, and also to the foreign 
government with whom negotiations are pending. 

The Senate has the power to elect its officers, except 
the president thereof, who holds this position by virtue of 
his being Vice-President of the United 3 Elective. 
States. They are required by the Con- (a) Senate offi- 
stitution to choose a president pro tempore 
also. Deliberative bodies, with few exceptions, elect their 
own officers \ and this is necessary to their independence. 
Here is one of the exceptions to the general rule, however, 
that the Vice-President is, ex officio, president of the 
Senate. 

Besides the president pro tempore, the Senate officers 
are a secretary, who keeps the record or journal, has charge 
of the papers, and reads such as he may be called upon by 
the members to read; a sergeant-at-arms and doorkeeper, 

Short. Civ. Gov.— 7 



92 CIVIL GOVERNMENT. 

who sees that orders of the Senate are executed; and a 
postmaster, who sees to the mailing and distributing of 
letters and papers for the members. 

- These officers, except the president pro tempore, are not 
specified in the Constitution, and are not elected from the 
members of the Senate. 

As a last resort, the Senate elects a Vice-President of 
the United States. This is not done, however, until an 
(&) vice-Yresi- attempt to elect this officer on the part of 
dent (57). electors chosen by the people has resulted 
in a failure. An election of a Vice-President by the 
Senate has taken place in the history of our government 
but once i in 1837 Richard M. Johnson was elected by the 
Senate» 

The Constitution vests in the Senate the sole power to 
try all impeachments. 

4. Judicial. 

When trying, impeachments, the Senate 
sits as a court ; and from their decision there is no appeal. 
Nor can the President of the United States exercise the 
pardoning power in cases of impeachment. 

It requires a concurrence of two thirds of the members 
present to convict a party on impeachment. This was 
believed to be necessary in order to guard against hasty 
and inconsiderate decisions, and to prevent convictions 
from party zeal and political bias and prejudice. So large 
a majority, moreover, would be more likely to command 
the respect and peaceable acquiescence of the whole 
country. 

The Constitution limits the punishment to be inflicted 
by the Senate on impeachment (1) to removal from 
office ; and (2) to disqualification to hold and enjoy 
any office of honor, trust, or profit under the United 
States. 



SENATE. 93 



Questions. 

39. What is said of the general legislative power? 

40. What legislative power belongs to the House only? 

41. What power has the Senate over these bills ? 

42. What are the Executive powers of the Senate ? 

43. On what appointments to office does the Senate act? 

44. What is a treaty ? 

45. By whom are the terms of treaties generally proposed? 

46. What power over treaties has the Senate? 

47. What officers has the Senate ? 

48. By whom are they chosen ? 

49. What are the duties of these officers ? 

50. When does the Senate elect a Vice-President of the United 

States? 

51. How many times has this occurred ? 

52. What is the judicial power of the Senate ? 

53. What is said about impeachments? 

54. What punishment may follow impeachment? 



BLACKBOARD EXERCISE, 



Provisions Common to Both Houses. 

I. Membership . (17) 
II. Ineligibility. 

i. Official Incumbrance . (##) 

2. Disloyalty . . . . .. (iOO) 

III. Business Quorum . (i7) 

IV. Parliamentary Rules . . . . . (i£) 
Vo Kbw a «// JVbjtf (19) 

VI. Journal. 

i. Keeping (iP) 

2. Publishing (IP) 

VII. Penalties. 

i. Punishment . (i#) 

2. Expulsion ...... (./£) 

VIII. Prohibitions. 

i. Adjournment. 

(a) raw*' . ..... (#0) 

(b) ■/&«? (00) 

2. 0/2 Members. 

(a) Offices created .... (##) 

(b) Emoluments increased . . . (##) 

IX. Official Oath (&£) 

X. Salaries . (2.Z) 

XI. Official Privileges. 

i. iw#2 Arrest (#.?) 

2. Of Debate (&?) 

94 



CHAPTER XI. 

LESSON XXII. — PROVISIONS COMMON TO BOTH 

HOUSES. 



The Constitution says, " Each House shall be the judge 
of the elections, returns, and qualifications j. Membership 
of its own members." ( 1T >- 

These are powers which, from the necessity of the case, 
must be vested in the House where membership is 
claimed. It is necessary to settle the legality and regu- 
larity of the election ; otherwise any person might intrude 
himself into either House without the least show of au- 
thority. Regularity and legality of election can be de- 
termined only by an inquiry into the election through the 
returns, which opens the whole subject for investigation ; 
for, in ascertaining the validity of the returns, it may be 
necessary to go back of them, and inquire into the legality 
of the election itself. 

Were it not for these powers, a person might claim 
membership to either House who was wholly ineligible. 

Even though regularly elected, lie might lack any or all 
those qualifications required by the Constitution. 

The power of determining the right to membership 
belongs not only to each House of Congress by express 
constitutional provision, but like authority is conceded to 
the legislative bodies of all the States, and to kindred 
bodies under all free governments. 

One provision of the Constitution is as follows : " No 



96 CIVIL GOVERNMENT. 

person holding any office under the United States shall be 
fi. ineligibility. a member of either House during his con- 
1. Official incum- tinuance in office." 

- ra e If a person holds any Federal office at 

the time of his election to either House of Congress, he 
must resign it before he has the right to take his seat. This 
provision originated in a deference to State jealousy, and 
fear that the General Government would obtain an undue 
influence in the national councils. If a Federal officer were 
allowed to be a member of either House, he might wield an 
undue influence over those with whom he would be asso- 
ciated in legislative deliberations. ' 

In the year 1861 a great civil war broke out in the United 
States, which continued more than four years. It cost the 

#. Disloyalty country more than a million of lives and 
(WO). several billions of money. Most of the 

slave-holding States passed ordinances of secession, and 
organized the Confederate States; and many of their citi- 
zens, to the number of several hundred thousand, took up 
arms against the government of the United States. Among 
these were thousands of the prominent men of the South, 
many of whom had held high offices in State and Nation. 
The conflict resulted in the downfall of the Confederacy, 
and in the triumph of the Federal Government. 

The Federal and State office-holders who were engaged 
in the secession movement had taken an oath to support 
the Constitution of the United States. By the third clause 
of the Fourteenth Article of Amendment to the Constitu- 
tion, all such persons are declared ineligible to a seat in 
either House of Congress; though, by a further provision 
of the same clause, such disability may be removed by a 
vote of two thirds of the members of each House. 

The Constitution says, "A majority of each House 
shall constitute a quorum to do business; but a smaller 



PROVISIONS COMMON TO BOTH HOUSES. 97 

number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent 
members, in such manner and under such Q Uorum , (27). 
penalties as each House may provide." 

It is indispensable that the Constitution specify the 
number necessary to do business ; otherwise a reckless and 
intriguing minority might take advantage of the absence 
of the majority, and usurp the functions of legislation by 
enacting repugnant and odious laws, or by repealing those 
most acceptable to the people. 

On the contrary, if a smaller number could not adjourn 
from day to day, or compel the attendance of absent 
members, the whole business of legislation might be sus- 
pended at the pleasure of a few refractory absentees. The 
necessity of these three provisions in reference to business, 
therefore, must be evident at a glance. 

The Constitution says, " Each House may determine the 
rules of its proceedings. " 

Every deliberative assembly has an inherent right to 
adopt such parliamentary rules as it chooses for the trans- 
action of business, provided those rules do 

. . J , r 1*1 IV, JParliamen- 

not violate any organic law from which tary Bules {18) . 
such assembly receives its authority. 

Take away this right to adopt their own rules of pro- 
ceeding, and it would be utterly impracticable to transact 
business with facility and dispatch. 

Questions. 

1. What does the Constitution say about membership in either 

House of Congress? 

2. Why is this necessary? 

3. What may be necessary to the inquiry of the legality of the 

returns ? 

4. What qualifications might a person lack, though regularly 

elected? 



98 CIVIL GOVERNMENT. 

5. To what legislative bodies is the power of determining this 

right accorded ? 

6. What are the conditions of ineligibility? 

7. What is the language of the Constitution in regard to the con- 

ditions of ineligibility? 

8. In what did this originate ? 

9. What great event was precipitated in 1861, and how long did 

it continue? 

10. What did it cost the country? 

11. What did the Southern States do? 
i2o How did the conflict terminate? 

I3» What oath had many of the Federal and State office-holders 
engaged in the secession movement taken ? 

140 What does the Fourteenth Article of Amendment ; say about 
these ? 

15. What does the Constitution say as to what shall be considered 

a quorum? 

16. Why does the Constitution define the quorum to do busi- 

ness? 

iy What is said about parliamentary rules ? 

18. What would be the result if 'this right concerning parlia- 
mentary rules were taken away? 



LESSON XXIII. —PROVISIONS COMMON, 

Continued. 

The Constitution says, " The yeas and nays of the mem- 
bers of either House on any question shall, at the desire of 
F. Yeas and one fifth of those present, be entered on 
Nays (W). the journal." 

The usual method of taking a vote in deliberative bodies 
is substantially this : The question being stated by the 
presiding officer, he puts it first affirmatively, "As many 
as are in favor of the proposition, say 'ay'" (all the 
members in favor of it respond " ay ") ; the presiding officer 
then puts the question negatively, " Those opposed say 
' no. ? " The president is generally able to decide by the 



PROVISIONS COMMON TO BOTH HOUSES, 99 

sound ; but if not, he repeats the trial, calling the vote 
both affirmatively and negatively. If still in doubt, or at 
the request of a member, the House may be divided, the 
affirmative taking one side, and the negative the other, 
when the secretary counts ; and, on the count, the de- 
cision is made. 

But in taking the yeas and nays the process is quite 
different. The presiding officer states both sides at once, 
thus : " As many as are in favor, etc., will, when their 
names are called, answer 'yea;' and as many as are op- 
posed will, when their names are called, answer 'no.'" 
The names are then called, usually in alphabetical order, 
each member rising at the call of his name by the secre- 
tary or clerk, and answering "yea " or " nay/' as he votes ; 
the clerk noting the vote in each case. He then usually 
reads over the list of names and the votes in each case, so 
that, if any mistakes have been made, they may be cor- 
rected. 

Several objects are secured by taking the yeas and 
nays : — 

ist, They are entered on the journal, which shows, 
therefore, the way each member votes. The record is 
kept for future inspection. 

2d, The record also shows who were absent, — a matter 
of scarcely less importance to the member, or his constit- 
uency, than the vote itself one way or the other. Mem- 
bers sometimes absent themselves for the purpose of 
avoiding responsibility in voting. 

3d, As the newspapers publish a list of the yeas and 
nays, the people soon learn how each member has voted 
on any important question. 

The Constitution says that each House shall keep a jour- 
nal of its proceedings. This provision imposes a salutary 
restraint upon the members of the two Houses. In a 
LofC. 



IOO CIVIL GOVERNMENT. 

certain sense, it brings representative and constituent face 

vi. Journal, to face. The journal contains a lasting 

i. Keeping (19). reC ord of the doings of the body for which 

it is kept, and is accessible for inspection at all proper 

times. 

The Constitution requires that from time to time the 

journal shall be published excepting such parts as are 

proper to suppress, of which each House 

2o Publishing (19). f f . _ rr 

is tne judge. 

There may be proceedings in every legislative body, 
especially in times of insurrection or invasion, the imme- 
diate publication of which would be imprudent in the 
highest degree. The publication of such from day to 
day might give great advantage to a public enemy, and 
endanger the very existence of the government itself. 

The Constitution says that "each House may punish its 
members for disorderly behavior, .and, with the concurrence 

vn. Renames. of tw0 thirds > ex P el a member." 
i. Punishment The power to punish members for dis- 
i 18 )- orderly behavior is usually given to legis- 

lative bodies. Without this power, it might be impossible, 
at times, to transact business. Under high excitement, mem- 
bers are sometimes boisterous and tumultuous in conduct ; 
and they might persist in disturbing the assembly, but for 
this power to punish. Rules would be of no use without 
the power to enforce them. 

The power to expel a member is given for the same 

purpose ; that is, for the preservation of order, and for the 

maintenance of proper decorum. Without 

2 > Expulsion (18). ^ r 

these powers, the country would lose all 
respect for its legislative assembly. But lest party-spirit 
might overstep the limits of propriety, and a domineering 
majority expel members of opposite political sentiments 
from improper motives, a salutary restraint is imposed, re- 



PROVISIONS COMMON TO BOTH HOUSES. IOI 

quiring a vote of two thirds for the expulsion of a member. 
So large a majority it would be difficult to secure in any 
case where the rights of the assembly had not been grossly 
outraged. 

A member may be expelled, not only for misbehavior in 
the presence of the assembly itself, but for any conduct 
elsewhere incompatible with his obligations as a legislator. 

Questions. 

19. What does the Constitution say about yeas and nays? 
20 What is the usual method of taking votes ? 

21. How by yeas and nays ? 

22. What objects are secured by this method ? 

23. What does the Constitution say about keeping a journal? 

24. What is the use of this provision ? 

25. What about publishing the journal ? 

26. Why not publish the whole journal ? 

27. What does the Constitution say about penalties? 

28. What is the use of this power? 

29. For what is the power of expulsion given ? 

30. Why is so large a vote required to expel a member? 

31. For what may a member be expelled? 



LESSON XXIV.— PROVISIONS COMMON, 

Continued, 

The Constitution says, " Neither House, during the ses- 
sion of Congress, shall, without the consent of the other, 
adjourn for more than three days, nor to viii. Vrohiu- 
any other place than that in which the two tions. 

Hi n l -4.4.- )) 1- Adjournment. 

ouses shall be sitting." J 

If there were no limitation as to the time for which either 

House, during the session of Congress, 

. , ,. . , , ~ , 00 Time (20). 

might adjourn without the consent of the 

other, a factious party-spirit controlling in either House 



102 CIVIL GOVERNMENT. 

might seriously interrupt legislation, or bring it to an un- 
timely close. 

Were there no restriction with regard to the place to 

which either House might adjourn without the consent of 

the other, mischief equally disastrous and 

(b) Place {20). \ £ J 

embarrassing might be perpetrated. One 
House might compel the other to follow it from place to 
place for the very purpose of preventing legislation. This 
might be done by a minority taking advantage of the ab- 
sence of a majority, as a minority has power to adjourn. 

The duration of the sessions of Congress depends, — 

ist, On the constitutional limitation, which cannqt extend 
beyond the period of two years. 

2d, On the pleasure of the two Houses, subject to the 
foregoing restriction. 

3d, On the pleasure of the President of the United 
States, when the two Houses cannot agree on the time of 
adjournment. 

The Constitution says, "No senator or representative 
shall, during the time for which he was elected, be appointed 

2. Members. to any civil office under the authority of 
(a) offices ere- the United States which shall have been 

ated (22). f 

(6) Emoluments created, or the emoluments whereof shall 
increased (22). h ave been increased, during such time." 
If a member of Congress were permitted to assist in 
creating an office, and then to resign his seat for the pur- 
pose of obtaining that office on being nominated to it by 
the President, it would throw wide open the doors to execu- 
tive corruption. Numerous lucrative offices might thus be 
created by legislation, with the understanding, express or 
implied, between the legislators and the Executive, that the 
offices so created should be distributed among those who 
were instrumental in creating them. 

The chairman of the Judiciary Committee might pro- 



PROVISIONS COMMON TO BOTH HOUSES. 103 

pose, to the House of which he was a member, the creation 
of a United States judgeship in California, with a salary of 
ten thousand dollars a year; and, through his official 
influence, the bill might pass both Houses of Congress. 
By pre-arrangement with the Executive, that office might 
be secured to the very man who had been the chief means 
of creating it, were he at liberty to resign his seat and 
take it. 

Also, by a system of u bargaining and selling," the 
salaries of certain offices might be greatly increased by 
mercenary legislation ; and then those salaries might be 
bestowed on the very men who had been active in aug- 
menting them, but for the restrictions under consider- 
ation. 

Senators and representatives shall be bound by oath or 
affirmation to support the Constitution of jx. official Oath 
the United States. (* 4 )- 

This oath is administered to the members, before taking 
their seats, by the President of the Senate, or Speaker of 
the House of Representatives. He who takes it appeals 
to the Supreme Being for the rectitude of his intentions. 
Such an oath is calculated to make a deep and solemn 
impression on the mind of any candid and conscientious 
man. 

It seems fit and proper, therefore, that all who assume 
the important trust of legislation for their country should 
take upon themselves this solemn obligation. They as- 
sume grave responsibilities, the faithful discharge of which 
concerns the welfare of the whole people of the United 
States. 

Some persons are conscientiously opposed to taking an 
oath on any occasion whatever. Out of respect to the 
scruples of such persons, a solemn affirmation is adminis- 
tered instead of an oath. 



I04 CIVIL GOVERNMENT. 



Questions. 

32. What does the Constitution say about adjournments? 

33. Why this limitation? 

34. Why the limitation as to place ? 

35. On what does the duration of Congress depend ? 

36. What are the constitutional prohibitions on members? 

37. How might members profit but for this prohibition? 

38. What is the official oath ? 

39. Why should this oath be taken? 

40. Who may be excused from taking it? 



LESSON XXV. — PROVISIONS COMMON, Continued. 

The language of the Constitution on the subject of 
salaries is, " The senators and representatives shall re- 
ceive a compensation for their services, 

X, Salaries. {21). _ .1,1 ! . 1 r 

to be ascertained by law, and paid out of 
the treasury of the United States." 

The salaries of the representatives are the same as the 
salaries of the senators. At first, in 1789, they were fixed 
at six dollars a day, and six dollars for every twenty miles' 
travel in going to and returning from the seat of govern- 
ment. This compensation has been increased from time 
to time by various acts of Congress. The salary of a 
member of either House at the present time is five thou- 
sand dollars per year. That of the speaker of the House 
is eight thousand dollars ; of the president of the Senate, 
the same. 

The Constitution says that the compensation is to be 
ascertained by law ; which is by no means a very difficult 
matter, as the members make the law to suit themselves. 
As to the amount, there is no constitutional restraint or 
limit. The want of some provision of limitation was not 



PROVISIONS COMMON TO BOTH HOUSES. 105 

entirely overlooked by the authors of the Constitution. 
They thought it improbable, however, that such an author- 
ity placed in such hands would be abused ; but, right or 
wrong, much complaint has been uttered on the subject. 

The members of the British Parliament, whether of the 
House of Commons or the House of Lords, receive no 
compensation whatever. 

Many of the members of the convention that formed 
the Constitution were opposed to allowing salaries to sen- 
ators and representatives. It was proposed to consider 
the honor of the position a sufficient reward, believing 
that this would secure the services of men of higher char- 
acter and more distinguished ability. 

But the majority of the convention were in favor of 
salaries, and this view prevailed. It was thought best 
that the salaries of members should be paid from the 
United States Treasury, as that would be more likely to 
secure promptness of payment, and consequently prompt- 
ness of attendance. Under the Confederation, the mem- 
bers were paid by their respective States. The pay was 
often slow, and .the attendance tardy and reluctant. 

The Constitution says, " They shall, in all cases except 
treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the ses- XIt official Yriv- 
sion of their respective Houses, and in Ueges. 

going to and returning from the same ; and for any speech 
or debate in either House they shall not be questioned 
in any other place. " 

This is a privilege accorded to members of all legis- 
lative bodies. But for it the House of Representatives 
might suffer great inconvenience in the lt From Arrest 
transaction of business, and the congres- (21). 

sional district, or the State, might be for a time without 
representation,, 



106 CIVIL GOVERNMENT. 

Prominent members of important committees, or even 
the speaker of the House of Representatives, might be 
detained from the performance of legislative duties at the 
instance of private creditors; and thus private interests 
would be allowed to interfere with the performance of pub- 
lic duties. 

They can be arrested for crime only. An eminent 
English jurist says that it has immemorially constituted 
a privilege of both Houses of the British Parliament. It 
is also necessary in order to sustain the personal independ- 
ence of the members. 

For the purpose of securing entire freedom of discussion, 

no member of either House can legally be questioned 

elsewhere for anything which he may see 

2. Of Debate {21). . /> * . J 

tit to utter m debate m his place as a 
member; that is, he cannot legally be called to account 
before the courts, no matter how. much he may slander pri- 
vate character. This provision is for the purpose of se- 
curing entire and unlimited freedom of discussion. 

Of course, this is a right which may be, and sometimes 
is, abused ; but the public interests may require the most 
critical and searching examinations into personal and 
official qualifications of individuals proposed as candidates 
for public stations of grave responsibility. Members 
should be allowed to perform these duties without fear of 
future personal retribution. 

Questions. 

41. What does the Constitution say about salaries? 

42. How does the salary of a representative compare with that of 

a senator ? 

43. What was the salary of a member in 1789 ? 

44. What is the salary now? 

45o What are the salaries of the presiding officers ? 



PROVISIONS COMMON TO BOTH HOUSES. 107 

46. Who fixes the amount of salaries ? 

47. Is there any provision in the Constitution as to the limit of 

the amount ? 

480 What is said about the salaries of members of the British 
Parliament ? 

49. What was the opinion of many of the members of the Consti- 
tutional Convention regarding salaries of senators and 
representatives ? 

50c Why should the salary be paid out of the treasury of the 
United States? 

51. By whom was it paid under the Confederation ? 

52. Why should members be privileged from arrest? 
530 For what may they be arrested ? 

54. What is the second privilege? 
55 Why is this ? 



Short. Civ. Gov.— & 



BLACKBOARD EXERCISE. 



II 



in. 



IV. 



VI. 
VII. 



Powers of Congress. 

Finances. 

i. Resources. 

a) Taxes, Duties, Imposts, Excises 

b) Borrow Money . 
,c) Territory 
d) Other Property . 

2. Disbursements. 

(a) United States Debts . 

(b) Common Defense . 

(c) General Welfare 
Commerce. 

i. Foreign Nations . 

2. Several States 

3. Indian Tribes 
Commercial 

Coinage of Money 
Value of Coin. 

(a) Domestic . 

(b) Foreign .... 
Weights and Measures 

Bankruptcy .... 
Penalties. 

1 . G?z//z terfeiting. 

(a) United States Securities . 

(b) United States Coin 
Crimes on High Seas 
International Offenses . 
Treason 

1. 7W Offices . „ •'.■• 

2. P^/ Roads 
Patent and Copy Rights . 
War. 

1. Declaration .... 

2. Marque and Reprisal 

3. Captures .... 
4c Armies . 

108 



1. 
2. 



3- 

4. 



'00] 

(28) 
(28) 

(SO) 

(SO) 
(SO) 
(SO) 
(29) 



r S5) 
'86) 

[72) 

(82) 
(82) 
(88) 

(86) 

r 86) 
'86) 

} S7) 



BLACKBOARD EXERCISE. 



IO9 





5. Navy 


. (S«) 




6 . Rules. — La?id a?id Naval Forces 


. ($0) 




7. Militia. 






(a) General Control. 






1st, Organizi?ig 


. C4i) 




2d, Arming .... 


• (^) 




3d, Disciplining 


■ (4i) 




4th, Gover?ii?ig 


• (40 




(b) Calling Forth, 






1st, Laws of the Union . 


• (40) 




2d, Insurrections 


• (40) 




3d, Invasions 


VIII. 


Judiciary. 






1. Inferior Tribunals 


• (*4) 
(7i) 




2. Place of Trial . 




3. Restrictions ..... 


. (70) 


IX. 


Naturalization ..... 


, («9) 


X. 


Territory. 






1. Government . 


(») 

• (4«) 




2. &tf/ 4/* Government 




3. Public Works 


W*) 




4. Alienatio?i ..... 


• (7») 




5. iVhe/ ,Sfo/£f .... 


. (78) 


XL 


States'. 

1. Flections. 






(a) Members of Congress . 


(15) 
. (5*) 




(b) Preside?itial Electors 




2. *S/tf& Records. 






(a) Method of Proving 


. (U) 




(b) Effect of Proof . 


In) 

. (53) 




3. Imposts and Duties 


XII, 


Executive Vacancy . 


(60) 


XIII. 


Appoi?itments . . * . 


. (64) 


XIV. 


Cofistitutional Amendments 


(81) 


XV. 


Slavery. 






1. Slave Trade . 


(U) 




2. Abolition ..... 


. (97) 


XVI. 


Ge?iera I Lawmaking . . . . 


m 


XVII. 


Meeting. 






1. Freque?icy ...... 


(16) 




2. 7};;^. 






(a) i?>> //£<? Constitution . 


(16) 




(b) j£j/ Ztfo/ . 


■ he) 



CHAPTER XII 

LESSON XXVI. — POWERS OF CONGRESS. 



The word "finances," as here used, signifies the re- 
sources and disbursements of the country. 

I. Finances, J 

The resources of a country are the pe- 
cuniary means which it has at its commando 

By our Constitution the resources con- 

1, "Resources . 

sist m part of the power to lay and collect 
taxes, duties, imposts, and excises. 

A tax is a sum of money levied on the property or 
inhabitants of a country for the support of the gOVern- 
Ca) Taxes, Duties, ment The P 0Wer t0 l W and C ° lleCt taXeS 

imposts, Excises belongs to every human government, with- 
out which the expenses thereof could not 
be defrayed. This is one of the means which it has of 
enabling it to perform its obligations to the country. No 
government could sustain itself without regular and relia- 
ble resources. 

Direct taxes are the kind here referred to. They are to 
be apportioned among the several States in the same 
manner as representatives ; that is, in proportion to the 
representative population. Taxes are of two kinds,— 
direct and indirect. Direct taxes are such as are laid on 
the property of the country or on persons, the latter being 

called a capitation tax. Indirect taxes are such as are 
no 



POWERS OF CONGRESS. Ill 

levied on articles of consumption, of which no person pays, 
except in proportion to the quantity or number of such 
articles which he may consume. 

Duties, imposts, and excises are also of the nature of 
indirect taxes. These must be uniform throughout the 
United States ; that is, the same in all States. 

The word " duties " refers to a kind of taxes levied on 
goods and merchandise imported or exported. In our 
country, an export duty is not permitted to be levied. 
The Constitution forbids it. 

The imposts, under our government, are equivalent to 
customs, referring strictly to the duties on imports from 
foreign countries. # 

The word "excises" is applied more particularly to 
internal taxation, being levied on articles manufactured 
and consumed in the country, and also on various kinds 
of business. The money paid for licenses to sell liquors, 
or to deal in any other commodities, is called excises, or 
excise taxes. 

Duties on imports are of two kinds, — specific and ad 
valorem, — and are collected at the customhouse, A 
specific duty is a certain sum of money charged according 
to quantity or weight, without any reference to the value of 
the articles weighed or measured ; as a dollar on a yard of 
silk, or ten cents on a pound of tea. 

" Ad valorem " is a word or phrase that signifies " ac- 
cording to the value of." Ad-valorem duties are levied on 
articles according to their value ; as twenty-five per cent 
on the cost of cloth, and ten per cent on the cost of tea. 

Duties are collectible at the customhouse where the 
goods are landed for consumption. Goods are estimated 
at their value where they are purchased, not where deliv- 
ered. This is shown by the invoice, unless there is 
evidence of fraud in the bill ; in which case, the proper 



112 CIVIL GOVERNMENT. 

officers investigate the matter, and decide according to 
the proof. 

If fraud is proved, the goods are forfeited to the use of 
the United States, and the perpetrator of the fraud may be 
punished for it as well as for the perjury. 

The power to borrow money on the credit of the United 
States is classed among the government resources. It has 
(6) Borrow Money often been found to be of great importance 
(27)o j n sustaining the financial interests of the 

country. No country can sustain itself through a long and 
expensive war, simply on its ordinary income. All the 
great powers of the world have found it necessary, ' at one 
time or another, to borrow money. 

In our wars with Great Britain and with Mexico, we 
found it necessary to borrow in large sums; but in our 
more recent domestic war we were compelled to run up 
our national debt to nearly three, thousand millions, thus 
anticipating the government income for a quarter or half 
a century. 

Questions. 

i e What does the word " finances " mean? 

2„ Of what do the resources of this country consist ? 

3. What is a tax ? 

4. Why are taxes collected ? 

5. How many and of what kinds are taxes? 

6. What are duties, imposts, and excises? 

7. Of what kinds are duties, and where collected? 

8. What is the result of fraudulent invoices? 

9. Why has it been necessary for the United States to borrow 

money ? 



POWERS OF CONGRESS. 113 



LESSON XXVII. — POWERS OF CONGRESS, 

Continued. 

The right of ownership always implies the right of trans- 
fer. The right to dispose of the territory of the United 
States is to be understood here in a re- 

(c) Territory (79). 

stncted sense. The United States does 
not own a State in fee simple, or in any sense implying an 
interest in its soil. The government has no authority 
whatever to sell a State to any foreign power. 

The power of Congress herein referred to is limited 
to,— 

1 st, Unorganized and unoccupied tracts or territories. 

2d, Public lands in parcels to settlers, or to individuals 
desiring to purchase. 

3d, Disposing of them in any other way for the promo- 
tion of the general welfare. 

4th, Ceding to States unoccupied lands lying within their 
boundaries, for literary or school purposes. 

5th, Re-ceding to States, for instance, from which they 
have been obtained, any lands, when the purposes for which 
they were obtained no longer exist. 

This power to dispose of the territory of the United 
States implies the power to sell the lands, or to give them 
away for the public good. Many of the Western States 
have received grants of large tracts of lands within their 
borders by act of Congress. In selling lands to individual 
purchasers, the government has received many millions 
into its treasury, so that the disposition of the territory be- 
longing to the United States may be regarded as one of 
the national resources. 

Congress is invested with power to dispose of other prop- 
erty of the United States. This doubtless includes every 



114 CIVIL GOVERNMENT. 

species of personal property. In time of war, especially, 
a vast amount of personal property accumulates in the 
(d) other Property hands of government, such as ships, horses, 
(79). wagons, guns, clothing for soldiers, etc., 

which become useless in time of peace, and may be dis- 
posed of to the advantage of the public treasury. 

The disbursements of a government are the sums of 

money paid out by it. Congress is authorized to make 

appropriations for the following pur- 

2. Disbursements, 

poses : — 

The only purposes for which the burden of taxes, duties, 

imposts, and excises can be imposed are to pay the debts and 

(a) United states provide for the common defense and general 

Debts (26). welfare of the United States. The power 

of raising money through these means is for these definite 

and stipulated purposes. 

Everything necessary for the welfare of the country is 
included in these powers of collecting money and disburs- 
ing it. The want of this, it will be remembered, was 
a serious defect under the Confederation. Before the 
adoption of the present Constitution, the government was 
utterly powerless to maintain its credit at home or abroad. 

To provide for the common defense is one of the objects 
for which the various kinds of taxes may be imposed. A 
(6) common De- nation without the ability to protect itself 
fense{26). from foreign invasion or domestic insur- 
rection is destitute of one of the attributes of sovereignty 
essential to its independence. The army and navy are the 
organizations through which a nation demonstrates its 
strength in time of war. To support these on a scale com- 
mensurate with the wants of the United States necessarily 
requires the expenditure of immense sums of money. They 
will be further noticed in considering the war power of Con- 
gress. 



POWERS OF CONGRESS. 115 

To provide for the welfare of its citizens is the first duty 
of every government. Unable to do this, it will soon fail to 
command the respect, homage, and loyalty ( C ) General Wei- 
of its subjects ; and no government, espe- fare {26). 
cially republican in form, can long exist without the regard 
and affection of the people. 

If there is a single sentence or clause in the Constitu- 
tion more comprehensive of its purposes than any other, it 
is this one requiring Congress to make provision for the 
general welfare. Indeed, this is the one great object of 
its origin. 

Questions. 

10. In what sense is the right to dispose of territory to be under- 

stood ? 

11. What does the power here imply? 

12. What was the country's credit under the Confederation? 

13. What other object for imposing taxes? 

14. What is the first duty of every government? 



LESSON XXVIII. — POWERS OF CONGRESS, 

C 07t tinned. 

Under the Confederation, Congress did not possess the 
power to regulate commerce. It belonged entirely to the 
several States ; and each acted according IX Commerce% 
to the dictates of its own interests. This i. Foreign ira- 
produced angry disputes and rivalry be- lons 
tween them, from which not only the several States, but 
the General Government, greatly suffered. 

The authors of the Constitution, therefore, had no hesi- 
tation in conferring this power upon Congress. The 
vexations and bitter experiences of the past induced the 
country at large to readily accept this provision. 



Il6 CIVIL GOVERNMENT. 

The disastrous troubles of the past had rendered it 
evident that the power to regulate foreign commerce and 
2. several states interstate commerce ought to be in the 
(28). same hands. Indeed, they could not safely 

be separated. The power to regulate foreign commerce, 
if vested in Congress, it was believed might be so exercised 
as to compel foreign nations to meet us on terms of reci- 
procity. 

But if the States were to be allowed to restrict each 
other, to cultivate rivalry of interests, and to foster the 
jealousies of the past, commerce must languish, and the 
whole country must suffer. / 

If goods landed or manufactured in New York or 
Massachusetts could not be sold and conveyed into Penn- 
sylvania or Connecticut without being burdened with State 
restrictions, not only would feuds be cultivated among the 
States, but foreign commerce /would be seriously embar- 
rassed, if not wholly destroyed j and this would strike a 
fatal blow at our national revenue. 

Under the Confederation, Congress had but a limited 
power over commerce with the Indian tribes. They had 
s. Indian Tribes none, except with those tribes located out- 
(P 8 )- side the limits of the State. Within a 

State the State itself had the authority. Each State adopted 
its own policy with this people : consequently there was no 
uniformity of traffic with the Indians ; and, this creating 
dissatisfaction among the tribes, frequent aggressions and 
depredations were the result. 

That this power should be vested in Congress was indis- 
pensable, for three reasons : — 

ist, Experience had proved that it was extremely hazard- 
ous to leave it with the States. 

2d, Congress could much more easily command the 
confidence of the tribes than any State Legislatures, 



POWERS OF CONGRESS. 117 

3d, It was necessary for the preservation of the rights, 
and for the defense of the territory of the Indians them- 
selves. 

Questions. 

15. With whom has Congress the power to regulate commerce? 
160 Why was this power given to Congress? 

17. What objections to State restrictions? 

18. Why is it necessary that Congress should regulate commerce 

with the Indians? 



LESSON XXIX.— POWERS OF CONGRESS, 
Continued. 

The power of Congress to coin money is one of the 
ordinary prerogatives of sovereignty. It is exercised for 
the purpose of securing a proper circula- TII ConttnerciaL 
tion of genuine instead of base coin in 1. Coinage of 
commercial transactions. In order to in- oney. 

sure its purity and uniformity of value, the coining of 
money is placed exclusively under the supervision of the 
Federal Government. Money is the common standard by 
which the value of all articles of merchandise and real 
estate is measured or determined. Were it left to the 
States to coin money, there would be no uniformity in the 
standard of value \ depending, as it would, on State lines 
and boundaries. 

The advantages arising from placing this power exclu- 
sively in the hands of Congress are, — 

1 st, The facilitation of exchanges at home and abroad. 

2d, The encouragement and stimulus which it imparts 
to commerce. 

3d, The barrier which it erects against embarrassments 
arising from undue and forced scarcity. 



Il8 CIVIL GOVERNMENT 

4th, The uniformity of value which it insures, as it in- 
sures uniformity of alloy. 

The power to regulate the value of domestic coin is ex- 
pressly conferred on Congress by the Constitution., This 
2. value of coin.™ especially for the purpose of securing 
(a) Domestic Coin entire uniformity of value, in order that it 
)# may pass from hand to hand in business 

transactions, obviating the necessity of a test being applied 
to each piece of money in each commercial transaction. 
Every piece of money is stamped in such a manner as to 
indicate its precise value 

When at first metals were used as media of exchange, 
especially in ancient Britain, it was necessary to weigh 
such as were used, in every business transaction. It was 
also necessary to subject them to tests that would deter- 
mine their purity. 

They were not formed in the similitude of the beautiful 
coins of modern times. 

The power of regulating the value of foreign coin is also 

given to Congress If it were not for this power to 

(6) Foreign Coin regulate the value of foreign coin, it would 

{30). b e ver y difficult to regulate the value of 

domestic coin 

Different States might attach different values to the 
same piece of foreign coin. Massachusetts might call a 
piece of English money, known as a sovereign, five dollars ; 
and New York, four dollars. A citizen of Massachusetts 
owing a citizen of New York five thousand dollars, to be 
paid in Boston, could compel the latter to accept a thousand 
sovereigns in payment, on which the citizen of New York 
would lose a thousand dollars if he used the money at 
home. Thus foreign coin would become an article of 
commerce, the same as any other commodity. 

Congress has the express power to fix the standard of 



POWERS OF CONGRESS. 119 

weights and measures; but as yet it has not been fully 
exercised by this body. 5 . weights and 

Until Congress fixes a standard, the Measures (SO). 

understanding seems to be that the States possess the 
power to fix their own weights and measures. 

The national government, however, has made possible 
the attainment of uniformity in weights and the most com- 
mon measures, by supplying a set of uniform standards 
to all the States. Congress has also made it lawful to use 
the metric system of weights and measures, and has de- 
fined them in terms of the English weights and measures. 

The power to pass or establish uniform laws on the sub- 
ject of bankruptcies is classed here as among the commer- 
cial interests of the government. A law 4t Bankruptcy 
of this character is regarded as indispensa- & 9 )- 

ble to the commercial interests of the country. 

A bankrupt is one who owes more than he can pay. 
Especially is he to be regarded as such when the question 
of his inability to pay his debts has been judicially ascer- 
tained. No State has a right to pass a bankrupt law, or 
any other law impairing the obligation of contracts. 

The objects of a bankrupt law are twofold : — 

1 st, To enable creditors to secure an appropriation of all 
the property of a debtor who fails to pay his debts ; allow- 
ing the courts, in such cases, to give the debtor a complete 
discharge from all indebtedness. 

2d, To relieve unfortunate debtors from their debts, 
and from liability to imprisonment, on their own applica- 
tion, and surrender of all their property. 

A bankrupt law must not be confounded with an in- 
solvent law. An insolvent law simply relieves from a 
liability to imprisonment for debt, on the surrender of the 
debtor's property to the creditors: it does not discharge the 
indebtedness itself. In such cases, the future property of 



120 CIVIL GOVERNMENT. 

the debtor may be seized for his debts, and appropriated to 
their payment. On the contrary, a discharge under a 
bankrupt law annihilates the debts themselves, and the 
creditors have no further claims. 

Questions. 

19. Why should the coinage of money be placed in the hands of the 

government? 

20. What is money? 

21. Why not leave coinage to the States? 

22. Why should it be placed in the hands of Congress? 

23. Why should government determine the value of money? 

24. What was necessary when metals were first used? , 

250 Why was it necessary that Congress should regulate the value 
of foreign coin ? 

26. What is said about the standard of weights and measures? 

27. What is a bankrupt ? 

28. What is the object of bankrupt laws, and how do they differ 

from insolvent laws ? 



LESSON XXX. — POWERS OF CONGRESS, 

Continued. 

Counterfeiting consists in making imitations of coin, bank- 
bills, or other securities, approaching so near to a likeness 
jr. Penalties. of the originals as to deceive a person of 
1. counterfeiting. k ut orc [i nar y experience. 

The power to punish, or to prescribe the punishment as 
it is here to be understood, for counterfeiting the securities 
(a) United states and current coin of the United States, is a 
Securities (31). necessity growing out of the power of Con- 
gress to coin money and to regulate its value. 

We have seen that Congress has the sole power to coin 
money. It consists chiefly of gold and silver, and is struck 
(6) united states at the mint in denominations adapted to 
Coin (3i). f- ne uses of commerce. 



POWERS OF CONGRESS. 121 

Without the power to attach severe penalties to the 
crime of counterfeiting, the securities and coin of the 
United States would soon become comparatively worth- 
less ; the country would be filled with spurious bills, bonds, 
and coin ; and it would not be long before money would 
cease to be a medium of exchange among the masses, 
who are unskilled in detecting the counterfeit from the 
genuine. 

Congress is vested with power to define and punish pira- 
cies and felonies when committed on the high seas. In 
pursuance of this authority Congress has „ '. „. , 

r J 2. Crimes on MigJi 

passed several acts on the subject. For seas. 

instance, in 1820 the foreign slave trade (a ) riracies i 35 )- 

' . . ° (6) Felonies (35). 

was made piracy, punishable by death. 
From the foundation of our government, until 1808, the 
foreign slave trade was lawful commerce. Congress has the 
power to enlarge or contract the definition of " piracy " from 
its common-law meaning. Sir William Blackstone defines 
"piracy'' at common law to consist in committing those 
acts of robbery and depredation on the high seas, which, if 
committed on land, would amount to felony. 

"Felony" is another word of common-law definition. 
The author last quoted defines it to be every species of 
crime which at common law occasioned the forfeiture of the 
lands and goods of the criminal ; and this happens most 
frequently in those crimes for which a capital punishment is 
or was inflicted. 

Therefore "felony" is a word of generic import, and 
includes many crimes, such as murder, larceny, arson, 
burglary, etc. The Constitution authorizes Congress to 
change this common-law definition of "felony" in cases 
where it may be necessary to do so. When committed on 
the high seas, it could not properly be left with the States 
to define it, as the jurisdiction of offenses not committed 



122 CIVIL GOVERNMENT. 

within State limits must necessarily be restricted to the 
Federal courts. 

The high seas embrace not only the waters of the ocean 
which are out of sight of land, but also the waters on the 
sea coast below low-water mark, whether within the terri- 
torial boundaries of a nation or within those of a domestic 
State. 

The Constitution says that Congress shall have the 

power to declare the punishment of treason. This crime 

consists in levying war against the United 

3. Treason (73). - ,, ■ , ■ 

States, or in adhering to their enemies, 
giving them aid and comfort. In 1790 Congress affixed 
to this crime the penalty of death. In 1862 Congress 
passed another act, punishing treason with death, or im- 
prisonment for not less than five years, and a fine of ten 
thousand dollars, and the slaves of the party convicted 
to be free. This act was passed before the abolition of 
slavery in the United States. 

Questions. 

29. What is counterfeiting ? 

30. Why is punishment for counterfeiting the securities and cur- 

rent coin of the United States necessary ? 

31. What is the power of Congress over piracies and felonies com- 

mitted on the high seas ? 

32. What is piracy at common law, and what power has Congress 

with reference to denning the same ? 

33. How is " felony" denned, and what is said in regard to 

changing this definition when necessary ? 

34. What are the high seas? 

35. What is treason ? 

36. What penalty has Congress attached to this crime ? 



POWERS OF CONGRESS. 123 



LESSON XXXI.— POWERS OF CONGRESS, 

Continued. 

The power to establish post offices and post roads is 
given to Congress by the Constitution. Nothing like a 
uniform postal system could have been y. postal. 

established and carried on had the matter *• I>ost Offices (32). 
been left to the several States. There would have been 
as many different postal systems as there are States. 

Under such a system, or rather such a want of system, 
the burdens must be unequal. It is far more expensive to 
transport the mails in some parts of the country, mile for 
mile, than in others. Yet it is in a high degree important 
to the whole country that the forest and the prairie be 
subjected to the hand of cultivation. And who will 
become pioneer, if he must be shut out from all communi- 
cation with that world which he has left behind ? 

The general superintendence and direction of the Post 
Office Department is under the care of the postmaster- 
general. He has the establishing of post offices, appoints 
most of the postmasters, and has the letting of the con- 
tracts for carrying the mails. 

Some of the postmasters in the larger offices are 
appointed by the President, by and with the advice and 
consent of the Senate. Formerly postage was at much 
higher rates than now. From the ^beginning of the postal 
system in this country, down to 1845, the rates of postage 
on a letter weighing half an ounce, or less, ranged from six 
to twenty-five cents, depending on the distance it was 
carried. For each additional half ounce or less, an addi- 
tional postage was charged. 

From 1845 to 185 1 the rates of postage were five cents 
for half an ounce or less, if carried less than three hun- 

Short. Civ. Gov.— 9 



124 CIVIL GOVERNMENT. 

dred miles, and ten cents if conveyed over three hundred 
miles. In 185 1 the uniform rate of postage on letters 
not exceeding half an ounce was fixed at three cents, if 
not conveyed over three thousand miles and wholly within 
the United States. In 1870 the three-cent rate was ex- 
tended to include all points within the United States, the 
limit of three thousand miles being removed ; and in 1883 
this rate was further reduced to two cents; while in 1885 
the weight covered by this low rate was increased to one 
ounce. 

For letters sent to foreign countries, various rates have 
been established (higher than these), the rates depending 
on the countries to which the letters are sent. 

In 1790 there were but seventy-five post offices in the 
United States. In 1900 there were upwards of 75,000. 
The aggregate number of miles traveled in carrying the 
mail, in 1790, was 7,365; in 1900, about 450,000,000. 

It is encouraging to know, that, under the cheap postage 
plan with which the American people are now favored, the 
Post Office Department is nearly self-sustaining. 

A post road is a road established as such by authority of 
law, over which the government mails are 

2.PostJtoads{32). / ," . _ 

to be regularly carried. 
' It has not been necessary, except in a few instances, 
that Congress should exercise their power to establish 
post roads. Generally the roads already opened by the 
inhabitants of the country through which the mails are 
conveyed have been found sufficient. They are regularly 
selected, and declared, however, to be post roads, before 
being used as such. The waters on our rivers and lakes, 
over which travel is public and regular, are, in many in- 
stances, established as post roads in this way. 

The mails are carried by private individuals, or by rail- 
road or steamboat companies, the contract being made 



POWERS OF CONGRESS. 1 25 

with the postmaster-general in behalf of the United States. 
He advertises for bidders, and lets the contract in each 
case to the lowest responsible bidder. Those who are in 
immediate charge of the mails are sworn to the faithful 
discharge of their duties. 

The Congress shall have power, the Constitution says, 
"To promote the progress of science and useful arts, 
bv securing for limited times, to authors 

J . VI, Patent and 

and inventors, the exclusive right to their copy Bight (33). 
respective writings and discoveries." 

Under the Confederation, the power did not belong to 
Congress to make provisions for patent and copy rights. 
From the very nature and character of the interest, these 
rights could not be protected by the several States to 
authors and inventors ; for State legislation could not 
afford the necessary protection to authors, as their legis- 
lation could only cover their own respective territorial 
boundaries. 

A copyright may be secured to authors for books, maps, 
charts, musical compositions, cuts and engravings, or for 
any other literary and scientific productions. The copy- 
right extends for twenty-eight years ; and if, at the end of 
that time, the author is still living, he may obtain its exten- 
sion for fourteen years longer ; or, if dead, his living 
representatives may obtain its extension \ making, in all, 
forty-two years. 

The expense of securing a copyright is but a trifle, — 
only about a dollar. When procured, it insures to the 
author during its continuance a monopoly of the publica- 
tion and sale of his work. 

Any one desiring to secure a copyright should write to 
the librarian of Congress for a circular of instructions ; 
and he will receive one, without charge, by early mail. 

Patents are issued by the Patent Office at Washington, 



126 CIVIL GOVERNMENT. 

giving the inventor of any new and useful machine, instru- 
ment, manufacture, or composition of matter, or any new 
and useful improvement of them, the monopoly in their 
manufacture and sale for the term of seventeen years. 

This patent right is secured to the inventor by the issue 
of what are called letters patent. To obtain letters patent, 
the applicant must make a distinct specification, giving a 
full and complete description of his invention ; and in 
cases admitting of drawings, these must be made, and all 
deposited with the commissioner of patents. Sometimes 
a model also is required. The Patent Office belongs to the 
Department of the Interior. * 

Letters patent cost the patentee thirty-five dollars, 
fifteen of which must accompany the application. The 
further sum of twenty dollars must be paid on their issue. 
The fifteen dollars that accompany the application will not 
be refunded should letters patent be refused, but will 
be retained to pay for making search through the Patent 
Office to ascertain whether there is not some conflicting 
patent already in existence. 

Circulars may be obtained, without charge, giving full 
information on this subject, by addressing the Patent 
Office, requesting them to be forwarded by mail. 

Questions. 

37. Why should not the postal system be committed to the States? 

38. Why should it be committed to Congress? 

39. Under whose immediate care is the Post Office Department? 

40. How are postmasters appointed? 

41. What were former rates of postage? 

42. What changes have taken place in them ? 

43. How many post offices in the United States ? 

44. What is a post road ? 

45. How are the roads established? 

46. By whom are the mails carried, and how are the contracts let ? 



POWERS OF CONGRESS. 1 27 

47. What does the Constitution say about patent and copy rights? 

48. Why might not this subject be left with the several States ? 

49. How long does a copyright continue? 

50. What is the expense of obtaining it ? 

51. What is a patent right? 

52. What are the steps necessary to secure it? 

53. What is the expense of letters patent? 

54. How long does a patent continue? 



LESSON XXXII. — POWERS OF CONGRESS, 

Continued. 

A declaration of war is a solemn, formal, and delibera- 
tive notice to all the world in general, and 
particularly to the citizens of both nations VII% War - 

. ... . 1. Declara- 

involved, that hostilities actually exist, or tion {36). 
are about to commence. 

The power to declare war is one of the ordinary prerog- 
atives of sovereignty. As we have no person in this 
country whom we acknowledge as sovereign, of course 
there is no one who has the authority to declare war. 

In this country the will of the people, when clearly 
known, whether exercised by direct vote or through the 
indirect forms of legislation, is the only sovereign to which 
the American people pay homage. Could that will be 
definitely ascertained without delay, the power to declare 
war should be vested in the people, to be ascertained by 
direct vote. But this is utterly impracticable : hence the 
war power is vested in Congress, that being the represen- 
tative body of the whole nation. 

When a formal and solemn declaration of war has been 
made by Congress, peace can be secured only through the 
negotiations of ambassadors or ministers representing the 
contending powers. After the ministerial or ambassadorial 



128 CIVIL GOVERNMENT. 

conference has agreed on the terms of peace, the power to 
accept or reject those terms on the part of the United 
States belongs to the President and Senate. It requires a 
concurrence of two thirds of the senators present to con- 
clude a treaty of peace. 

The power to grant letters of marque and reprisal also 
belongs to Congress. These are sometimes issued by the 

2. Marque and Re- government to prevent the necessity of a 

prisai (36). declaration of war. This may be done 
when the subjects of one nation have been injured or 
oppressed by another nation that refuses to grant indem- 
nity for the injury. 

Letters of marque signify a license from the government 
to pass beyond the limits or jurisdiction of one's own coun- 
try ; and reprisal signifies a taking in return, Letters of 
marque and reprisal are a commission from the government 
authorizing the bearer to pass beyond the boundaries of his 
own country for the purpose of capturing prizes of the 
enemy, consisting of their persons or goods. 

In case it so happens in their conflicts that they are 
taken prisoners, the letters of marque and reprisal from 
their government indicate to the captors that they shall 
be treated as prisoners of war ; and that, in case they 
should be treated otherwise, their government would re- 
taliate. 

But it is necessary that rules should be adopted concern- 
ing captures made, whether on land or water. Congress is 
authorized by the Constitution to make 

3. Captures (36). J 

these rules, which, when made, become 
laws the same as any other laws ; and, for the purpose of 
enforcing them, courts of admiralty have been established, 
whose business it is to inquire into the legality of the course 
pursued in taking these prizes. 

The remedy for illegal acts of capture is by the institu-* 



POWERS OF CONGRESS. 129 

tion of proper prize proceedings in the prize courts of the 
captors. 

The other war powers vested in Congress would be ut- 
terly useless without the power to raise and support armies. 

The Constitution says that Congress 

J . b 4. Armies (37). 

shall have power to raise and support 

armies, but that no appropriation of money to that use shall 

be for a longer term than two years. 

The army is created by enlistments under the acts of 
Congress. The enlistment is for five years in the Regular 
Army. In time of war volunteers are enlisted for shorter 
terms. 

Congress has the power to provide and maintain a navy. 
The navy consists of the entire number of ships of war, 
considered collectivelv, belonging to a 

■ A J . * , S- *<™V (38). 

nation or people. A navy is necessary tor 

the protection of our fisheries, commerce, and navigation. 

We need it not only on the ocean, but also on our lakes 

and on several of our rivers, and this even in time of 

peace. 

But in time of war a navy becomes indispensable to a 
people whose geographical position is like ours. Without 
it, the necessary protection could not be afforded to the 
great commercial cities on our seaboard. Should an invad- 
ing army obtain possession of these, they could demand 
contributions without stint or limit.. 

Questions. 

55. What is a declaration of war? 

56. What is the sovereign power in this country? 

57. In whom is the power to declare war vested ? 

58. After a declaration of war, how can the terms of peace be 

settled? 

59. What are letters of marque and reprisal ? 



130 CIVIL GOVERNMENT. 

6O0 What protection do letters of marque and reprisal afford ? 

61. What power decides on the legality of captures ? 

62. Who makes the rules concerning captures, and whose busi- 

ness is it to see that these rules are enforced ? 

63. What is the remedy for illegal captures made either on the 

land or on the water ? 

64. What does the Constitution say about the power to raise and 

support armies? 

65. How is the Regular Army created, and how long is the term 

of enlistment in the same ? 

66. What is the navy, and in whom is the power vested to provide 

and maintain the same ? 

67. What is the necessity of a navy, and when is one indispensa- 

ble to a people whose geographical position is like, ours? 



LESSON XXXIII.— POWERS OF CONGRESS, 

Continued, 

By the Constitution, Congress has power to make rules 
6. Buies.-zand for the government and regulation of the 

and Naval land and naval forces. 

Forces (39). Nothing need be said to indicate the 

policy and necessity of vesting in Congress the power 
to make rules for the government and regulation of the 
land and naval forces. It naturally follows the power 
to raise and support armies, and to provide and maintain 
a navy. 

Congress is authorized by the Constitution " to provide 
for organizing, arming, and disciplining the militia, and for 

7 Militia governing such part of them as may be 

(a) General employed in the service of the United 
( ). states, reserving to the States respectively 
the appointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed by 
Congress." 



POWERS OF CONGRESS. 13I 

The country could not safely rely solely on its standing 
army for any and every emergency that might arise. The 
Constitution, therefore, gives Congress jurisdiction over 
the militia of the several States, and this power of provid- 
ing for organizing, arming, and disciplining them, as 
incidental to that jurisdiction. 

Congress is authorized also to make provision for gov- 
erning such part of the militia as may be employed in the 
service of the United States. Rigid discipline and gov- 
ernment have always been found necessary in the army, 
whether constituted of regulars or militia. This govern- 
ment must be uniform to be salutary. To be uniform, it 
must emanate from- a single source. (&) calling 

There are three purposes for which Con- Forth (40). 
gress may make provision for calling forth the militia : — 

1 st, To execute the laws of the Union. 

2d, To suppress insurrections. 

3d, To repel invasions. 

The nation must have the means of maintaining its 
authority at home, as well as of carrying on a foreign 
war. It is not according to the policy of our government 
to maintain a standing army sufficient to answer all of 
these purposes. 

The organization of the militia is maintained at an 
expense comparatively trifling, when the advantages t-p the 
country are considered. It saves the immense cost of a 
large standing army in time of peace. The standing army 
of the United States has usually numbered less than thirty 
thousand. The standing armies of the European nations 
are much larger. 

The British army numbers about two hundred thousand 
men ; the Austrian army, about three hundred thousand 
men ; and the Russian army numbers about eight hundred 
thousand men. 



132 CIVIL GOVERNMENT. 

The organization of the militia system in this country 
is preferred for the following reasons : — ■ 

1st, It is far more economical, as it costs but little to 
maintain it in time of peace. 

2d, In time of war, after an experience of a few months 
in the field, they have proved themselves to be orderly and 
courageous to the last degree. 

3d, The militia constitute a standing and reserved force, 
subject to the call of the President of the United States 
under the laws of Congress. 

The laws enacted by Congress define the emergencies 
under which the President of the United States is Author- 
ized to bring into action this branch of our service. 

When called into the service of the United States, the 
President of the United States is commander-in-chief of 
the militia of the several States, as well as of the standing 
army of the nation. 

Questions. 

68. According to the Constitution, what power has Congress re- 

garding the government and regulation of the land and 
naval forces ? 

69. What power has Congress over the militia, and why the neces- 

sity of this power ? 

70. For what purposes may Congress provide for calling forth the 

militia? 

71. What are the advantages of the militia system ? 

72. What is the number of our army as compared with some Eu- 

ropean armies ? 

73. Why is the organization of the militia system preferred in this 

country? 



POWERS OF CONGRESS. 133 



LESSON XXXIV. —POWERS OF CONGRESS, 

Co?itinued. 

The Constitution establishes a Supreme Court, but it is 
left with Congress to organize that tribunal. The power 
is vested in Congress to establish tribunals riII j H( aciarv 
inferior to the Supreme Court ; and, as 1. inferior th- 
these tribunals constitute a part of the hunals < 54 >- 
national judiciary, they will be considered in the chapter 
relating to that department of the government. These in- 
ferior tribunals consist of circuit and district courts. 

Congress has the power to determine by law where the 
trials of crimes shall be held which are not committed 
within any State. Crimes committed within 2. viace of 
any State are to be tried in the State where Trial <>-*)• 
they are committed, yet they may be committed on the high 
seas, or within the limits of unorganized territories. This 
clause of the Constitution gives Congress the power to 
provide for such cases. 

The appellate jurisdiction of the Supreme Court is sub- 
ject to such exceptions and regulations 3. Restrictions 
as Congress shall from time to time estab- ('°)- 

lish by law. This power will be noticed in treating of 
the judiciary. 

Naturalization is that legal process by which an alien or 
a foreigner becomes a citizen of the United States. Con- 
gress has exclusive control over this sub- JX Naturaliza _ 
ject. It can determine the forms and the tion (•*>■ 
necessary steps to be adopted in the process, and the time 
within which it may be completed. 

An alien is one who is born in a foreign country, of 
foreign parentage. Children born in foreign countries, 



134 CIVIL GOVERNMENT. 

of parents who are citizens of the United States absent 
from home on public business, are not aliens. 

Under the Confederation, each State determined for 
itself the conditions on which an alien might become a 
citizen of the United States. Some required a shorter, and 
others a longer, period of time. If New Jersey required 
one year for naturalization, and New York seven, the 
shortest way to become a citizen of New York would be 
through naturalization in New Jersey ; for a citizen of any 
State was a citizen of any other State in which he might 
become a resident. 

Congress, having control of this subject under the Con- 
stitution, passed a law, in 1790, requiring two years; in 
1795, five years; in 1798, fourteen years; and in 1802 
that law was passed, which has been in force ever since, 
requiring five years to complete the process of naturaliza- 
tion. 

A soldier, having served one year in the United States 
Army, and having obtained an honorable discharge, may 
become a citizen of the United States on making oath to 
these facts, and taking the oath of allegiance to our govern- 
ment. 

With the above exception, five years is the shortest pos- 
sible time for naturalization. At least two years before final 
admission, the alien must make formal declaration of his in- 
tention to become a citizen. This he can do in any court 
having jurisdiction of the subject-matter. 

Two years from the time of declaring his intention, he 
must again appear in court, take the oath of allegiance in 
the proper form, on which he is admitted to full citizenship. 
If this oath were administered in the county of Monroe, 
State of New York, to Thomas S. Wilson, an Englishman, 
on the eleventh day of June, 1892, it would be substantially 
as follows. 



POWERS OF CONGRESS. 



Form of Oath. 



*3$ 



I, Thomas S. Wilson, do solemnly swear that I will sup- 
port the Constitution of the United States ; and that I hereby 
renounce and abjure all allegiance and fidelity to every foreign 
prince, potentate, state, and sovereignty whatever, and particu- 
larly to the Queen of England, of whom I am a subject. So help 

me, God. 

Thomas S. Wilson. 

Sworn to in open court, this eleventh day of June, 1892, before 

me, 

Charles J. Powers, 

Clerk of Monroe County. 

When a foreigner becomes naturalized, his children under 
twenty-one years of age, if residents of the United States at 
the time, become citizens without further formality. If a 
foreigner makes his declaration of intention to become a 
citizen of the United States, and dies before the time to 
become naturalized, his wife and children may become citi- 
zens of the United States at that time, on taking the neces- 
sary oath. 



Questions. 

74. What power has Congress over the courts? 

75. What power has Congress over places of trial ? 

76. What is naturalization? 

77. What power has Congress over this subject? 

78. What is an alien? 

79. How long does it take an alien to become a naturalized citizen 

of the United States ? 

80. What is the process of naturalization, and what is the shortest 

possible time in which it may be completed ? 

81. How does naturalization affect other persons of the same 

family ? 



136 CIVIL GOVERNMENT. 

LESSON XXXV. — POWERS OF CONGRESS, 

Continued, 

Ownership of territory by any government implies the 
right to govern it, and the right to govern implies the right 

x. Territory, to make all needful rules and regulations 
1. Government for that purpose. Hence this provision of 
{79) - the Constitution : " The Congress shall 

have power to dispose of and make all needful rules and 
regulations respecting the territory, or other property, be- 
longing to the United States." 

Since the close of the revolutionary war the General 
Government has acquired, by one means and another, a 
vast extent of territory beyond the limits of the original 
States. 

First, by the liberality of the States owning it, the 
General Government acquired that immense region known 
as the Northwestern Territory. This was before the adop- 
tion of the Constitution. 

Second, we acquired of France the Louisiana territory. 

Third, we purchased Florida of Spain. 

Fourth, we acquired Texas. 

Fifth, we obtained California, etc., of Mexico. 

Sixth, we purchased Alaska of the Russian Government. 

Seventh, we annexed the Hawaiian Islands. 

Eighth, we acquired Puerto Rico and the Philippines. 

The extent of our territory now is over three times what 
it was at the adoption of the Constitution. Congress adopts 
the necessary rules and measures to govern all territory 
owned by the United States until such time as it is erected 
into independent States, and admitted into the Union. 
2. seat of Govern- The constitutional provision gives Con- 
ment (42). gress the power 

u To exercise exclusive legislation in all cases whatsoever, 



POWERS OF CONGRESS. 137 

over such district, not exceeding ten miles square, as may, 
by cession of particular States and the acceptance of Con- 
gress, become the seat of the government of the United 
States." 

Under this clause, Judge Story says, the cession of the 
present District of Columbia was made by the States of 
Maryland and Virginia to the National Government ; and 
the present seat of the National Government was estab- 
lished at the city of Washington in 1800. That convenient 
spot was selected for this very purpose by the exalted 
patriot whose name it bears. 

The District of Columbia was a tract of land ten miles 
square, belonging partly to Maryland and partly to Vir- 
ginia. That part of it obtained from Virginia was re-ceded 
to that State in 1846, so that now the District is confined 
to the Maryland side of the Potomac. 

Before the year 1800 the seat of government had been 
temporarily established at Philadelphia, Baltimore, Lan- 
caster, and several other places. On account of the fre- 
quent changes, the public suffered great inconvenience. 

The Congress has the same authority, by the Constitu- 
tion, "over all places purchased by consent of the Legis- 
latures of the States in which the same 3. public Works 
shall be, for the erection of forts, maga- (4£). 

zines, arsenals, dock-yards, and other needful build- 
ings." 

Two steps are necessary to obtain a site for any of the 
foregoing purposes, — first, the consent of Congress ; and, 
second, the consent of the Legislature of the State in 
which the proposed site is. When the cession is made, 
the government comes into full possession, and then 
Congress may exercise over such place exclusive legisla- 
tion. 

Unless the State of which such purchase is made re- 



138 CIVIL GOVERNMENT. 

serves the right, no legal State authority can be exercised 
in such places, even to the serving of writs of any kind, 
civil or criminal. But States usually make such reserva- 
tions, but for which these places might become retreats 
and asylums for fugitives from justice who may be guilty 
of crimes against State authority. Almost every State 
has more or less of these places within its limits subject 
to the jurisdiction of national authority. 

The power to dispose of the territory belonging to the 
United States has been discussed in another 

4. Alienation (79), 

place, and therefore need not be repeated 
here (see Townsend's Analysis of Civil Government), 

" New States may be admitted by the Congress into this 
Union." Under the Confederation, Canada might have 
5. New been admitted by " acceding to the Union, 
states (78). anc | joining in the measures of the United 
States ; " but the admission of any other British province 
would have required the consent of nine States, and they 
never made application. No power except that just speci- 
fied was given to Congress in the Articles of Confederation 
to admit States into the Union. 

As there were immense tracts of vacant territory lying 
within the chartered limits of several of the States, the 
omission to confer this power on Congress was doubtless 
an oversight. 

This was a serious omission, as the events of our history 
since the adoption of the Constitution have proved. By 
the liberality of the States owning this territory, it was 
early ceded to, and became the common property of, the 
United States. These State cessions began with New 
York in the year 1781, followed by Virginia, Massachu- 
setts, Connecticut, South Carolina, and North Carolina, 
at various dates, and closing with Georgia in the year 
1802. 



POWERS OF CONGRESS. 1 39 

Since that time, as already stated in another place in 
this work, we have, by purchase and treaty, added im- 
mensely to the territory of the United States. 

It was foreseen by the authors of the Constitution that 
this power to admit new States into the Union would soon 
become necessary, and it was accordingly vested in Con- 
gress. Under this provision, more than thirty States have 
been added to the American Union, while we have terri- 
tory lying outside of the limits of the States sufficient to 
constitute several more. 

Questions. 

82. What does the ownership of territory by any government 

imply? 

83. What territory did our government acquire before the adop- 

tion of the Constitution ? 

84. What other territory has the General Government acquired 

since the close of the revolutionary war ? 

85. What is the present extent of our territory, and how much has 

it increased since the adoption of the Constitution? 

86. What is the duty of Congress with reference to this vast terri- 

tory ? 

87. What power does the Constitution give Congress over the 

District of Columbia? 

88. Over what other places has Congress like authority? 

89. How can these be obtained ? 

90. What reservations do States usually make over these places, 

and why ? 

91. What provisions did the Confederation make in regard to the 

admission of provinces or new States? 

92. At what dates did several of the States make cessions of 

territory to the United States ? 

93. How is the necessity of this power shown? 



Short. Civ. Gov.— 10 



140 CIVIL GOVERNMENT. 



LESSON XXXVI. — POWERS OF CONGRESS, 

Continued. 

It is left with the States to fix the times, places, and 

manner of holding their elections of senators and rep- 

xi states resentatives in Congress ; but, should they 

l. Elections, neglect to do this, Congress has jurisdic- 
(a) Members of tion over the whole subject, except as to 
the places of choosing senators. 

Each State can consult its own local convenience with 
regard to these elections ; but it has no right to wholly 
neglect making the necessary provisions for holding them. 
Should it do so, and should other States follow the bad 
example, it is manifest that the affairs of government 
might suffer serious embarrassment, but for the provision 
giving Congress jurisdiction over the subject. It would 
be equivalent to a withdrawal of their representation from 
the national councils. This would be a violation of a 
fundamental principle of every sovereignty, which is an 
inherent right to provide for the perpetuity of its own 
existence. 

The power here given to Congress is simply discretionary, 
not mandatory ; and such a power must be vested some- 
where. It is primarily with the States, but ultimately with 
the National Legislature. 

Congress has provided for the election of members of 
the House of Representatives by congressional districts, 
and the day of their election is the same in nearly all the 
States. 

Congress has also exercised supervision to a limited 
extent over the manner of electing senators. 

The Constitution says, " The Congress may determine 
the time of choosing the electors, and the day on which 



POWERS OF CONGRESS. 141 

they shall give their votes, which day shall be the same 
throughout the United States." (6) Presidential 

Jan. 23, 1845, Congress passed an act Electors (58). 
specifying that electors should be elected the Tuesday next 
after the first Monday in the month of November of the 
year in which they are to be chosen. 

The second Monday in January after their election is, 
by law of Congress, the day fixed on which the electors 
shall give their votes. Each State fixes by law the place 
where these votes shall be given, and they have generally 
designated the State Capitol. 

The Constitution says with reference to State records, 
" Full faith and credit shall be given in each State to the 
public acts, records, and iudicial proceed- 

J r 2. State Records. 

ings of every other State ; and the Con- 
gress may, by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved, and 
the effect thereof." 

Under a clause of the Constitution, when a judgment 
is rendered by any State court in proper form, from which 
no appeal has been taken to any higher (a) method of 
court within the time allowed for appeals, Proving (74). 
that judgment is conclusive ever after, between the parties 
to it, as to the matters in controversy. That judgment 
will be received in evidence when offered in any other court 
within the limits of the State within which it was rendered. 

Under this power, Congress has passed laws defining 
the manner in which they shall be authenticated, and the 
effect to be given to their authenticity. 

Congress has declared that they shall have such faith 
given to them in every court within the ^ Effect of 
United States as they have by law or usage Proof (74). 
in the courts of the State from which the records are taken. 

The effect, therefore, of the proof is this : that a judg- 



142 CIVIL GOVERNMENT. 

ment obtained in a court of competent jurisdiction in one 
State is valid in every other State in the Union. 

By the Constitution, States are prohibited from laying 
3. imposts and any imposts or duties on imports or exports 
Duties (53). without the consent of Congress, except 
what may be necessary for the execution of their inspec- 
tion laws. 

If States should attempt to lay burdensome inspection 
duties, Congress has the power to pass acts of revision, 
and, in case it becomes necessary, to control the whole 
subject. 

The subject of imposts and duties, w r e have ,seen, is 
exclusively under the control of Congress ; and, should a 
State attempt by some indirect method to lay duties or 
imposts, Congress has the higher right to control and 
revise its legislation. 

If the office of President of the United States is vacated, 

by death or otherwise, the powers and duties of that office 

xn. Executive devolve on the Vice-President ; but it is 

vacancy (60). possible that both the President and Vice- 
President might be removed from office, and the Constitu- 
tion therefore provides for such a possibility in the follow- 
ing language : — 

"The Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the Presi- 
dent and Vice-President, declaring what officer shall then 
act as President; and such officer shall act accordingly 
until the disability be removed or a President shall be 
elected." 

Under this provision of the Constitution, Congress has 
provided by law that the secretary of state, and after him 
the heads of the other executive departments in a specified 
order, shall succeed to the duties of the President until 
the disability be removed or a President shall be elected; 



POWERS OF CONGRESS. 1 43 

but such officer must be constitutionally eligible to the 
presidency, and not under impeachment. 

Questions. 

94. What power has Congress over State elections of members? 

95. What is the duty of States as to these elections? 

96. How has Congress provided for the election of representatives ? 

97. What authority has Congress over the election of presidential 

electors ? 

98. When must electors be elected, and when give their votes? 

99. What does the Constitution say of State records ? 

100. What laws has Congress passed on this subject? 

101. What is the effect of judgments ? 

102. What power has Congress ever the laws of States in regard to 

imposts and duties? 

103. What power has Congress over the power of Executive va- 

cancy ? 

104. What law has Congress passed on the subject? 



LESSON XXXVII. -POWERS OF CONGRESS, 

Co7iti?njed t 

The Constitution says, "The Congress may by law 
vest the appointment of such inferior offi- xm. Appoint- 
cers as they think proper in the President »*«»** (64). 
alone, in the courts of law, or in the heads of departments." 

These appointments are restricted to inferior officers. 
The Constitution does not say who are such : it is there- 
fore left to Congress to define this class. Neither the 
heads of departments, nor the judges of courts, nor am- 
bassadors to foreign countries, are inferior officers. They 
doubtless include clerks of departments, clerks of court, 
and some other officers. 

Congress has no power to alter or amend the Constitu- 



144 CIVIL GOVERNMENT. 

tion ; but they can take the initiatory steps. They can 

xir. Constitu- submit propositions to the States for this 

tionai Amend- purpose whenever, in the estimation of two 

en s thirds of the members of both Houses, 

amendments become necessary. 

If two thirds of both Houses deem it necessary that any 
amendments should be made to the Constitution, the 
amendment proposed is drawn out in due form under the 
direction of Congress, and proposed to the Legislatures of 
the several States for their ratification or rejection ; or the 
proposed amendments may be submitted to State conven- 
tions called for that purpose. 

Or on the application of the Legislatures of two thirds 
of the several States, made to Congress, it is the duty of 
that body to call a convention whose business it shall be 
to propose amendments. 

It is further the duty of Congress, by whichever body 
the amendments shall be proposed, to declare whether 
they shall be submitted to State Legislatures or to State 
conventions. 

When these new amendments are ratified by the Legis- 
latures of three fourths of the States, or by conventions 
in three fourths thereof, they become, to all intents and 
purposes, part of the Constitution. 

Thus far, fifteen articles of amendment have been adopted. 
These have all originated with Congress, and have been 
ratified by State Legislatures. 

The Constitution, as it came from the hands of its 

authors in 1787, recognized slavery as a State institution. 

xr. siavertj (44), True, the word " slave," or "slavery," is 

( 9T >- not in the instrument. These words were 

carefully and intentionally omitted. 

In the Thirteenth Article of Amendment the word 
" slavery " appears for the first time in the Constitution, and 



POWERS OF CONGRESS. 1 45 

that article abolishes the institution throughout the United 
States and their Territories. 

This amendment gives Congress legislative authority 
over the subject. As four or live millions of men, women, 
and children were suddenly transferred from slavery to 
freedom, it was presumed that national legislation would 
become necessary to protect them in their new condition. 
Congress has already exercised this power in the passage 
of several statutes on the subject. 

Questions. 

105. In whom may Congress vest the appointment of inferior 

officers ? 

106. What power has Congress over constitutional amendments? 

107. When and how may it be exercised ? 

108. How many amendments have been adopted ? 

109. Where, and for what purpose, does the word " slavery " appear 

in the Constitution? 



LESSON XXX VIII.— POWERS OF CONGRESS, 

Continued. 

By the forty-third paragraph of the Constitution as num- 
bered in this work, which it is not necessary to repeat here, 
it will be seen that the whole subject of xvi. General 
lawmaking, for the purpose of carrying Lawmaking (43). 
into effect the provisions of the Constitution, is vested in 
Congress. 

As it is impossible to specify in the fundamental law of 
a nation all the powers which at some time it may be 
indispensably necessary to exercise for the common good, 
this provision seems to be among the wisest to be found 
in the Constitution. 



146 CIVIL GOVERNMENT. 

Had the attempt been made to enumerate affirmatively 
all laws necessary and proper which Congress might pass, 
it must have resulted in failure. 

An eminent jurist says it would have rendered necessary 
a complete digest of all laws on every subject to which 
the Constitution relates. It must have embraced all future 
as well as all present exigencies, and been accommodated 
to all times and all occasions, and all changes of situation 
and character. 

The Constitution says, " The Congress shall assemble 
xru. Frequency at least . once in every year; and such 

and Tifne of meeting shall be on the first Monday in 
ing December, unless they shall by law ap- 

point a different day." 

On extraordinary occasions the President of the United 
States may convene either or both Houses of Congress ; 
but a bad President might desire to have no Congress 
during his administration. In such case, there would be 
a practical demonstration of the necessity of the foregoing 
provision. 

Again : it seems necessary that the Constitution should 
contain some such provision, as otherwise the two Houses 
of Congress might not agree in reference to the time of 
assembling. By this provision, if they cannot agree on 
any other time, they must meet on the first Monday in 
December. 

The place of meeting is not designated, and probably 
for two reasons : first, the seat of the National Government 
had not been established at the time when the Constitution 
was formed ; and, second, war or pestilence might at times 
interfere with the meeting at any place that might be 
named in the Constitution. 

In England the sovereign convenes and dissolves Par- 
liament at pleasure. 



POWERS OF CONGRESS. 147 



Questions. 

no. What power does the forty-third paragraph of the Constitution 

give to Congress over general lawmaking ? 
in. How often and when must Congress meet ? 

112. Why was it necessary that the Constitution should specify a 

time of meeting? 

113. Why is not the place of meeting named ? 



BLACKBOARD EXERCISE. 



Lawmaking. 




First Process. 




i. Action in Congress 


. . . (#4) 


2. Delivery to Executive 


. . . (*4) 


3. Executive Signature . 


(*4) 


Second Process. 


, 


1. Action in Congress 


. (24) 


2. Delivery to Executive 


• . • (24) 


3. Executive Veto . 


. (24) 


4. Record of Veto 


. (24) 


5. Reconsideration „ 


. ' . .. . (£*) 


6. Approval by Congress 


. (04) 


7. Method of Voting 


• (24) 


8. Record of Votes 


. (24) 


Third Process. 




1 . Action in Congress . 


. . . (24) 


2 . Delivery to Executive . 


. • • (24) 


3. Executive Neglect . 


. (24) 


4. Effect of Neglect 


. (24) 


Orders, Resolutions, and Votes. 




1. Action in Congress 


. (25) 


2. Delivery to Executive 


. (25) 


3. Executive Veto . 


. (25) 


4. Subsequent Action . 


. (25) 



148 



CHAPTER XI II. 

LESSON XXXIX. — LAWMAKING. 



By reference to Paragraph (24) of the Constitution, it 
will be seen that a bill may become a law through any one 
of the three following processes : — 

First Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be presented to the President. 

3. If he approve, he shall sign it. 

Second Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be presented to the President. 

3. If he disapprove it, he shall return it, with his objec- 
tions, to that House in which it originated. 

4. That House shall enter objections at large on their 
journal. 

5. They shall proceed to- reconsider it; and if, after 
such reconsideration, two thirds of the House shall agree 
to pass it, it shall be sent, with the objections, to the other 
House. 

6. The other House shall reconsider the bill ; and, if 
approved by two thirds of that House, it shall become a 
law. 

149 



150 CIVIL GOVERNMENT. 

7. The votes of both Houses shall be determined by the 
yeas and nays in all such cases. 

8. The names of the persons voting for and against the 
bill shall be entered on the journal of each House respec- 
tively. 

Third Process. 

1. The bill shall pass both Houses of Congress. 

2. It shall then be sent to the President. 

3. He neglects to approve or return it. 

4. It becomes a law at the end of ten days (Sundays 
excepted), unless Congress, by adjournment within that 
time, prevent its return. 

A bill is the draught of a proposed law. It is usually, 
though not always, introduced by the chairman of the 
committee who properly has the subject-matter of the 
bill in charge. As to what committee will introduce it 
depends on the character of the bill. If it relate to com- 
merce, the Committee on Commerce would be the proper 
one to originate and introduce it. A bill may be amended 
by either House ; but, if amended by one House after having 
passed the other, it must be returned, with the amendment, 
to the House it had before passed, for their concurrence. 

After it has passed both Houses, it is sent to the Presi- 
dent of the United States for his approval and signature. 
He cannot make or propose amendments. 

At any time during the pendency of a bill, amendments 
to it may be proposed, and passed, by either House. 

A bill in Congress must receive three several readings 
before it is put upon its final passage. No bill can be read 
more than once on the same day without the special per- 
mission of the House. The vote is taken on its third 
reading. The arguments for and against the bill, if any. 



LAWMAKING. 151 

are made before its third reading, or between its third 
reading and the taking of the vote. 

The second process of lawmaking is the one in which 
the President's veto, as it is commonly called, is interposed. 
To become a law in opposition to the President's objections 
requires a vote by yeas and nays of two thirds of each 
House. So the President's veto is only qualified, not abso- 
lute. 

This executive power may operate, and indeed it has 
sometimes, as a salutary check on hasty legislation. The 
Executive, not having participated in the rivalry of debate, 
and being quietly retired from the scenes of political 
strife, may be presumed to be better qualified to pronounce 
correct judgment than those who were active in the contest. 

The third process of lawmaking differs from the other 
two, simply through the inaction of the President. If he 
neglect to sign and return the bill for ten days, Sundays 
excepted, it becomes a law as though it were signed by 
him ; unless the Congress, by their adjournment, prevent 
its return, in which case it fails to become a law. 

Orders, Resolutions, and Votes. 

The Constitution says, " Every order, resolution, or vote 
to which the concurrence of the Senate and House of Rep- 
resentatives may be necessary (except on a question of 
adjournment) shall be presented to the President of the 
United States, and, before the same shall take effect, shall 
be approved by him, or, being disapproved by him, shall 
be re-passed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations pre- 
scribed in the case of a bill." 

Were it not for this provision, Congress might exert their 
power in the form of orders, resolutions, or votes, thus pre- 
venting the President from interposing his veto. They 



IS 2 CIVIL GOVERNMENT. 

could thus substantially legislate in these forms without 
the sanction of the Executive, and without the necessity of 
a vote of two thirds of each House. 

Questions. 

i. What is the first process of lawmaking ? 

2. What is the second process of lawmaking? 

3. What is the third process? 

4. What is a bill ? 

5. By whom is it generally introduced ? 

6. What is said about amendments? 

7. What is done with the bill after it has passed both Houses ? 

8. What may be done during the pendency of a bill? 

9. What is said about the readings of a bill ? 

10. What is said about the President's veto ? 

11. What may be the effect of the veto power? 

12. Why is the President the best judge? 

13. How does the third process of lawmaking differ from the first 

two? 

14. What does the Constitution say about orders, resolutions, votes ? 

15. But for this provision, what might Congress do? 



BLACKBOARD EXERCISE. 



Prohibitions on the United States. 

I. Habeas Corpus. 

i. Rebellion ...... (45) 

2. Invasion ...... (45) 

II. Export Duties ...... (48) 

III. Interstate Commerce ..... (49) 

IV. />//#&■ Money. 

i. Drawing ...... (50) 

2. Published Statement .... (50) 

3. 7w- Armies ...... ($7) 

V. Nobility (5i) 

VI. Penalties. 

1. Bill of Attainder .... (-£6) 

2. Ex post facto law ..... (•£#) 
,3. Attainder of Treason .... (75) 

VII. Foreign Slave T7-ade .... (44)* (<^) 
VIII. Repudiation. 

1. Forbidden. 

(a) Land-claims .... (70) 

(b) Contracts (££) 

(c) /w*v- Zfe« .... (.wi) 

2. Enjoined ..... (^#-0 
IX. Freedom. 

1. Religious ...... (£0) 

2. Ciz># (£6) 



153 



CHAPTER XI V. 

LESSON XL. —PROHIBITIONS ON THE UNITED 

STATES, 



The Constitution says, "The privilege of the writ of 

habeas corpus shall not be suspended, unless when, in cases 

of rebellion or invasion, the public safety 

J. Habeas Corpus. .... 

may require it. 

The writ of habeas corpus is a writ of relief. A person 
may be wrongfully imprisoned before he is tried on the 
crime with which he is charged. He may be innocent or 
guilty; but, in either case, it rfiay happen that he is re- 
strained without the proper forms of law, and without 
sufficient legal authority. 

This is a kind of intermediate writ or proceeding, under 
which the lawfulness of his imprisonment may be tested, 
between the moment of the prisoner's arrest and the time 
of final trial. Proceedings under this writ are not for the 
purpose of determining upon the guilt or innocence of the 
accused, but they are for the purpose of settling whether 
he is properly or improperly held for trial. 

Persons are sometimes unlawfully restrained of their 
liberty, though charged with no crime whatever ; as, im- 
properly holding a child in custody, or locking a person in 
a room. 

The privilege of this writ is the birthright of every 
American citizen. It is a kind of writ of inquiry; and it 

154 



PROHIBITIONS ON THE UNITED STATES. 1 55 

is the duty of every court of competent jurisdiction to 
issue it, on proper application. The only exceptions to 
this statement are those specified in the foregoing clause 
of the Constitution. 

If the court, on inquiry, decides that the prisoner is 
properly restrained, he is remanded to imprisonment ; but 
if the prisoner is improperly restrained, the court sets him 
at liberty. 

Rebellion here means open, active hostility, and defiant 
opposition to the government. It is an uprising of a con- 
siderable portion of the citizens of a coun- 

1. Rebellion (45). 

try against its authority. In cases of re- 
bellion or invasion, it may be necessary to temporarily 
suspend the privilege of this writ. In such an emergency 
oftentimes the government knows not whom to trust. 
There may be well-known leaders of organized opposition, 
whose every act may be so veiled in secrecy as to defy de- 
tection. Clear and tangible proof of their guilt, perhaps, 
cannot be obtained, yet they are as well known to be se- 
cretly and earnestly opposed to the war measures of the 
government as though their hostility were of a more open 
and public character. If, on the arrest of such public en- 
emies, they could avail themselves of the writ of habeas 
corpus, it might defeat the very ends of justice, and render 
the government unable to protect itself. 

The power of suspension of the privilege of this writ 
was vested by Congress in the President of the United 
States during the civil war from 1861 to 1865. 

Invasion, as used in the Constitution, means the entry 
of a hostile force of a foreign nation into our territory. 
Under such a condition of things, the sus- 

2. Invasion (45). 

pension of the privilege of this writ may 

be as necessary to the welfare of the government as in cases 

of rebellion. 

Short Civ. Gov.— 11. 



156 CIVIL GOVERNMENT. 

The Constitution says, " No tax or duty shall be laid on 
11. Export articles exported from any State." 

Duties (48). The intention of this prohibition is to 

prevent taxing the interests of any State to its detriment, 
and giving undue advantages to others. The productions 
of some of the States are very different from those of 
others; and, were export duties allowed to be enforced, 
the burden of taxation would be as unequal as the exports. 
It would be impossible to so adjust export duties, were 
they allowed, as to distribute the burdens equally. 

Questions. * 

1. Recite the forty-fifth paragraph of the Constitution. 

2. Give a full explanation of a writ of habeas corpus. 

3. Under this writ, what is done by the court if the prisoner is 

improperly restrained? 

4. What if properly restrained? 

5. What is rebellion ? 

6. When and why may the privilege of this writ be suspended? 

7. Who may suspend the privileges of this writ? 

8. What does invasion here signify ? 

9. What does the Constitution say about export duties? 

10. What is the intention of this prohibition ? 

11. What is said about State productions? 



LESSON XLI. — PROHIBITIONS, Continued. 

The Constitution says, "No preference shall be given, 

in. interstate by any regulation of commerce or revenue, 

commerce (49). t0 trie ports of one State over those of 

another; nor shall vessels bound to or from one State be 

obliged to enter, clear, or pay duties in another." 

Although the power to regulate commerce among the 
States is vested in Congress, yet that power is coupled 
with thes'e Constitutional prohibitions : no preference shall 



PROHIBITIONS ON THE UNITED STATES. 1 57 

be given to the ports of one State over another ; nor 
shall entrance or clearance fees, or the payment of duties, 
be required in an intermediate State while vessels are 
passing from one State to another. 

A vessel bound to Philadelphia from Liverpool, in pass- 
ing Boston or New York, cannot be compelled to enter, 
clear, or pay duties in either of the last two ports named. 
The duties must be paid in Philadelphia, the port to which 
the vessel is bound. 

The Constitution says, " No money shall be drawn from 
the treasury but in consequence of appro- jr. public 
priations made by law ; and a regular Money. 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time." 

" No appropriation of money to that use (to raise and 
support armies) shall be for a longer term than two years." 

The object of this provision is to secure strict faithful- 
ness in the public expenditures. Neither the Executive, 
nor the judiciary, nor the heads of depart- 

J J ' r 1. Drawing (50), 

ments, nor even members of Congress 

themselves, can draw a dollar of the public money except 

by appropriations made by law. 

This provision puts a salutary check on the possible 
profusion and extravagance of the National Legislature. 
The people have the right to know how, #. published 
and for what purposes, their money is ex- statement (soy 
pended. The heads of the departments must make an 
annual exhibit of their transactions respectively. 

The fear that the army might possibly become a power 
too formidable to be consistent with the rights and liberties 
cf the people led to this constitutional lim- 3. For Armies. 
itation of army appropriations. Lest Con- ( S7) * 

gress may be extravagant in this direction, or the adminis- 
tration acquire too much power over the army, they are 



158 CIVIL GOVERNMENT. 

forbidden to make appropriations extending beyond the 
period of two years. 

A Congress lasts for but two years ; and, should they be 
profuse in their appropriations of army money, the people 
will be likely to correct the error in their election of the 
succeeding Congress. 

The Constitution says, "No title of nobility shall be 
granted by the United States." 

The government instituted in this country at the close of 

the revolutionary war, and which took definite form in the 

Constitution of the United States, was in- 

V. Nobility (51). 

tended to be characterized for republican 
simplicity. The theory of our institutions is, all citizens are 
equal before the law. Orders of nobility are forbidden in 
accordance with this theory. 

The Constitution says, " No bill of attainder or ex post 
facto law shall be passed." 

A bill of attainder, which is here forbidden, is a phrase 

borrowed from England. It is a special act of the legis- 

vi Penalties. lative body, inflicting capital punishment 

1. Bin of Jlu on a person for high crimes, without having 

tainder (46). heQn ^^ convicted before a court of ] aw# 

This kind of proceeding was very common in England two 
or three hundred years ago. 

A person against whom such an act was passed was said 
to be attainted and outlawed. The victim's blood became 
so corrupted, that he could neither inherit anything from 
his ancestry, nor transmit by hereditary descent to his heirs. 
All his property, real and personal, was forfeited to the 
crown. 

An ex post facto law is one that is retroactive, and which 

2. Ex post facto makes an act criminal which was not crim- 

Zaw (46). inal when committed; or it increases the 

severity of the punishment which attached to the crime when 



PROHIBITIONS ON THE UNITED STATES. 1 59 

it was committed. Both the United States and the several 
States are forbidden by the Constitution to pass such a 
law. 

The Constitution says, " No attainder of treason shall 
work corruption of blood, or forfeiture, 

. . ,. r r . 3. Attainder of 

except during the lite of the person at- Treason (73). 
tainted. 5 ' 

Treason is defined by the Constitution ; but its punish- 
ment, by Congress. But this clause of the Constitution 
defines what penalties shall not attach to this crime. By 
the laws of England, treason was punishable by death in 
many horrid forms ; but the penalty was not limited to the 
death of the victim. By fiction of law, his blood became 
so corrupted that all powers of transmission of property to 
his kindred were destroyed. But our Constitution forbids 
the punishment of the innocent for the crimes of the 
guilty. 

In affirmance of this clause of the Constitution, Con- 
gress has passed laws strictly limiting the punishment to 
the party convicted, so that in no legal sense can it reach 
his posterity. 



Questions. 

12. What does the forty-ninth paragraph of the Constitution 

say ? 

13. What is said concerning the payment of duties at interme- 

diate ports ? 

14. What restrictions does the Constitution impose in regard to 

the disbursement of public money? 

15. What is the object of this provision? 

16. What is said in regard to published statements? 

17. By whom are the statements published ? 

18. What is said in relation to the appropriations by Congress 

for armies ? 



l6o CIVIL GOVERNMENT. 

19. Why is the appropriation of money limited to a term of 

two years ? 

20. What does the Constitution say in relation to titles of no- 

bility? 

21. What is the theory of our government concerning titles of 

nobility? 

22. What is said concerning bills of attainder and ex post facto 

laws? 

23. What are they? 

24. What was the consequence of a bill of attainder in Eng- 

land ? 

25. What does the Constitution say in regard to attainder of 

treason ? 

26. Who declares the punishment for treason ? 



LESSON XLIL — PROHIBITIONS, Continued. 

As slavery and the slave trade are entirely abolished, the 
clauses of the original Constitution relating to the slave 

vii Foreign tra de have long since become obsolete. 

slave Trade They are inserted here merely as matter 
***--'■ of history, and not as of present binding 
obligation. The following are the only clauses that refer 
to this subject: "The migration or importation of such 
persons as any of the States now existing shall think proper 
to admit shall not be prohibited by the Congress prior to 
the year one thousand eight hundred and eight ; but a tax 
or duty may be imposed on such importation, not exceeding 
ten dollars for each person. " 

There is another clause in Article V. of the Constitution 
which prohibits any amendment to the foregoing clause 
prior to the year one thousand eight hundred and eight. 
The student will find it in the eighty-first paragraph. After 
prescribing the manner in which the Constitution may be 
amended, it contains the following restriction, which refers 
to the clause just given in full. 



PROHIBITIONS ON THE UNITED STATES. l6l 

" Provided that no amendment which may be made 
prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in 
the ninth section of the first article." 

The word " persons " in the first foregoing quotation 
from the Constitution is but another word for " slaves." 
At the time of the adoption of the Constitution, slaves 
were held by authority of law in every State excepting 
Massachusetts ; and the slave trade, that is, importing 
negroes from Africa, was sanctioned by all, or nearly all, 
the nations of Christendom. 

But towards the close of the eighteenth century the slave 
trade began to excite a spirit of disapprobation ; and the 
conviction fastened itself on the consciences of men, that 
this traffic in human beings was repugnant to the princi- 
ples of Christian obligation. Many of the great and good 
men who formed the Constitution of the United States 
shared in this conviction. 

Hence the foundation was laid in our Constitution, in 
the clause just given, by which the legality of the African 
slave trade was to end in this country with the dawn of 
the year 1808. 

Ey Act of March 2, 1807, Congress prohibited, under 
severe penalties, the importation of slaves into the United 
States from and after Jan. 1, 1808. In 1818 another act 
was passed, making the penalties more severe; and in 
1820 Congress defined the slave trade to be piracy, and 
attached to it the penalty of death. 

On the 18th of December, 1865, William H. Seward, sec- 
retary of state, officially announced to the country that the 
Thirteenth Article of Amendment had been ratified by the 
Legislatures of three fourths of the several States, and had 
become, to all intents and purposes, a part of the Constitu- 
tion of the United States. 



1 62 CIVIL GOVERNMENT. 

By that article, slavery was abolished throughout the 
United States, and in all places subject to their jurisdic- 
tion. 

Questions. 

27. What is said about slavery and the slave trade? 

28. In what year was the slave trade abolished by Congress, 

and what penalty was attached to it by Congress in the 
year 1820? 

29. When was slavery abolished in the United States and in places 

subject to their jurisdiction? 



LESSON XLIIL— PROHIBITIONS, Continued. 

The following is found in Paragraph (79) of the Consti- 
tution : " Nothing in this Constitution shall be so construed 
viii. Bepudia- as to prejudice any claims of the United 
Hon. States or of any" particular State." 

1. Forbidden. . . . . . 

(a) Land claims This is a part of a clause in which the 
( 79 >- authority is given to Congress to dispose 

of territory belonging to the United States. This provision 
relates to conflicting claims and unsettled titles to some 
parts of the Western Territory. The intention of this 
clause is to give assurance that the adoption of the Consti- 
tution of the United States shall in no way affect the 
validity of any claims to these lands, but that the rights 
of parties interested shall be the same as they were under 
the Confederation. 

On the matter of repudiating contracts existing under 

the Confederation, the language of the Constitution is thus: 

(b) Contracts " All debts contracted, and engagements 

(79). entered into, before the adoption of this 

Constitution, shall be as valid against the United States, 

under this Constitution, as under the Confederation." 



PROHIBITIONS ON THE UNITED STATES. 1 63 

This clause is intended to give assurance to the creditors 
of the proposed new government that all just claims against 
the Confederation will be recognized and liquidated under 
the Constitution. 

This is in accordance with well-settled law, binding on 
all nations, notwithstanding any changes in their forms of 
government. 

The Constitution says, " The validity of the public debt 
of the United States authorized by law, including debts 
incurred for payment of pensions and boun- 

r • • (c) Public Debt 

ties for services in suppressing insurrection (1Q1 . 

and rebellion, shall not be questioned.'' 

The Constitution says, " Neither the United States, nor 
any State, shall assume or pay any debt or obligation in- 
curred in aid of insurrection or rebellion 
against the United States, or any claim for ' ( ^Q^ ne 
the loss or emancipation of any slave." 

The repudiation here enjoined, if such it is, was made a 
part of the Fourteenth Article of Amendment so as to pre- 
vent all future Congresses and State Legislatures from 
making any attempt to legalize any State or individual 
contracts, express or implied, assumed in the interest of 
the Confederate cause. 

Hundreds of millions of obligations of this character 
were contracted by the Southern Confederacy, and by 
several of the States that espoused the cause of opposition 
to the United States. 

This clause operates as a severe pecuniary penalty upon 
those who had such faith in the success of the insurrection 
as to induce them to invest their means in Confederate bills 
and bonds. It is also intended to operate as a premium for 
allegiance to the government and authority of the United 
States. It secures this end by exonerating debtors from all 
debts and obligations incurred in aid of the lost cause. 



1 64 CIVIL GOVERNMENT. 

No judicial tribunal, State or National, has power to 
render judgment in favor of parties seeking to enforce 
such demands. 

The Constitution says, " No religious test shall ever be 

ix. Religious required as a qualification to any office 
and civil or public trust under the United States." 
om ). « Congress shall make no law respecting 
an establishment of religion, or prohibiting the free exer- 
cise thereof." 

In Paragraph (86) of the Constitution, Congress is ex- 
pressly forbidden to pass any law abridging the freedom of 
speech or of the press. 

But this does not exonerate from personal and pecuniary 
responsibility any person who may speak slanderous words, 
or publish libelous matter against the fair fame of another. 
The law holds every man strictly amenable for the abuse 
of this freedom of speech and of the press. If men will 
slander and libel others, the law says they must pay for it. 

In the same paragraph of the Constitution, Congress is 
forbidden to pass any law denying the right of the people 
peaceably to assemble and to petition the government for 
a redress of grievances. This is what is called the right of 
petition. 

The Constitution says, " A well-regulated militia being 
necessary to the security of a free State, the right of the 
people to keep and bear arms shall not be infringed." 

This paragraph of the Constitution refers to an organi- 
zation of the militia of the States. Fears have been 
expressed that the liberty of the people might be de- 
stroyed by the perverted power of a formidable standing 
army The militia, that might be called out at any time on 
a month's notice, would outnumber, twenty to one, any 
standing army in time of peace that will ever be tolerated 
in the United States., 



PROHIBITIONS ON THE UNITED STATES. 1 65 



Questions. 

30. What are the clauses in the Constitution in reference to repu- 

diation ? 

31. What is the language of the Constitution enjoining repudiation ? 

32. Why is this repudiation enjoined ? 

33. What does the Constitution say about religious freedom ? 

34. What does the Constitution say about freedom of speech and 

of the press, and of the right of petition? 

35. What does it say about the right to bear arms ? 
360 To what does this refer? 

37. What is the utility of the militia system? 



BLACKBOARD EXERCISE. 



Rights of States. 

I. Representation. 

i. House (5) 

2. Senate (8) 

II. Privileges of Citizenship , . . (?£)> (9#) 

III. State Amity . . . . . . (74) 

IV. New States. 

i. j9j; Dismemberment . (78) 

2. i?jy Junction (78) 

V. Election (15) 

VI. Militia. 

i. Militia Officers (4-0 

2. Training Militia . . ...•'. (41) 
VII. Federal Protection. 

i. Government ..... (£0) 

2. Invasion ...... (£0) 

3. Domestic Violence . . . . (£0) 
VIII. Fugitives. 

1. 7w//z Justice . . . . . (7#) 

2. 7w;# Service ..... (77) 
IX. Reservations. 

1. Rights enumerated . . . . (0^) 

2. Powers not delegated. . . . (05) 



166 



CHAPTER XV. 

LESSON XLIV. — RIGHTS OF STATES. 



The Constitution says, " The House of Representatives 
shall not exceed one for every thirty thousand, but each 
State shall have at least one representa- T jz epresenta _ 

tive." tion. 

This quotation from the Constitution is *' Uouse {S) ' 
found in Paragraph (5). It is not here declared that there 
shall be one representative for every thirty thousand, but 
that the proportion shall not exceed that, The population 
of the United States has increased about twenty fold since 
the adoption of the Constitution. It now numbers about 
seventy-five millions. 

Were the proportion of representation in the House at 
the present time one for every thirty thousand, the number 
of representatives would be about twenty-five hundred, — a 
body far too numerous for deliberative legislation. 

The ratio of representation adopted after the census of 
1900 is one member for 193,291 persons (see p. 66). Dur- 
ing 1 903-1 9 1 3, the House will consist of three hundred 
and eighty-six members, besides those for any new States 
admitted after 1900. As the population increases from 
decade to decade, the proportion of representation must 
be correspondingly reduced. 

Some of the States have not a population of sufficient 
number to give them the right to one representative; that 
is, they have each less than one hundred and ninety-three 
thousand, but the Constitution says that each State shall 
have at least one representative. 



1 68 CIVIL GOVERNMENT. 

The Constitution says, "The Senate of the United 
States shall be composed of two senators 

2. Senate (8). , o » 

from each State. 

This is an unamendable clause of the Constitution. By 
reference to Paragraph (8i), it will be seen that no State 
can, without its consent, be deprived of its equal suffrage 
in the Senate. 

The number of representatives from any State depends 
on the population of that State. The larger States, there- 
fore, have a greater number than the smaller States. The 
smaller States vigorously opposed this in the convention 
that formed the Constitution. It w T as giving the larger 
States a great advantage in the House. But the opposi- 
tion was withdrawn on the larger States consenting to 
equality of suffrage in the Senate, and that this provision 
should be unalterable. This is a right of States not to be 
voted away by majorities, however large. 

Questions. 

i. What does the Constitution say about representation in the 
House? 

2. What has been the increase of the population of the United 

States ? 

3. What would be the number of representatives in Congress if 

we were now to have one for every thirty thousand inhab- 
itants ? 

4. Of how many members does the House of Representatives con- 

sist under its present organization? 

5. What is the present proportion of representation? 

6. How is the Senate composed? 

7. Why may not this be changed ? 

8. What compromise was made between the larger and smaller 

States ? 



RIGHTS OF STATES, 1 69 



LESSON XLV. — RIGHTS OF STATES, Continued. 

The Constitution says, " The citizens in each State 
shall be entitled to all the privileges and IT Frivileges of 
immunities of citizens of the several States." citizenship 

" All persons born or naturalized in the ^ '* 

United States, and subject to the jurisdiction thereof, are 
citizens of the United States, and of the State wherein 
they reside." 

The purpose of these clauses is to create a general 
national citizenship. Perhaps it does not so properly 
come under the rights of States as the rights of citizens 
derived from the States. 

A person, being a citizen in one State of the Union, 
may remove to any other without prejudice to his social, 
pecuniary, or political rights in his new home. 

He may purchase, hold, convey, and inherit property, 
and enjoy all other rights arising from citizenship, the 
same as though he were born or naturalized in the State 
to which he migrates. 

The Constitution says, " Full faith and credit shall be 
given in each State to the acts, records, 
and judicial proceedings of every other Amit St (74) 
State." 

By this provision, the following rights are given to States 
and individuals : — 

1st, A State has the right to demand of another State 
that its acts, records, and judicial proceedings shall be re- 
spected, and that full faith and credit shall be given to them. 

2d, Individuals may demand the same, when that de- 
mand is necessary to the vindication of their rights. 

3d, States on whom such demands are properly made 
are under obligations to heed and respect them. 



170 CIVIL GOVERNMENT. 

A judgment rendered by a court in the State of Massa- 
chusetts, for instance, would be conclusive in the State of 
New York, provided the courts of Massachusetts would 
hold it conclusive. 

The Constitution says, " No new State shall be formed 

or erected within the jurisdiction of any ether State, 

nor any State be formed by the l unction 

IT. New States. J t 

of two or more States, or parts of States^ 
without the consent of the Legislatures of the States con- 
cerned." 

The first clause above — " No new State shall be formed 

or erected within the jurisdiction of any other State " — 

1. By msmem- was inserted by the Constitutional Conven- 

berment (78). t ion, to quiet the fears of the larger States 
that their territories might be dismembered for the pur- 
pose of increasing the number of States. 

Notwithstanding this guaranty to States against dis- 
memberment, the State of Virginia was dismembered 
in 1863 ; and West Virginia, a part of the original State^ 
was admitted into the Union as an independent State,, 
But that was a revolutionary measure, growing out 
of the civil war, in which Virginia voted to secede 
from the Union, and enlisted in the cause of the Southern 
Confederacy (see Townsend's Analysis of Civil Govern- 
ment). 

No new State has ever been formed by the junction of 
two or more States. The second provision above — "nor 

2. By June- an y State be formed by the junction of two 
tion (78). or more States, or parts of States, without 
the consent of the Legislatures of the States concerned" — 
was inserted to quiet the fears of the smaller States that 
a junction of States might take place without their con- 
sent, and thus their sovereignty be destroyed. 



RIGHTS OF STATES. 171 



Questions. 

g. What does the Constitution say about privileges of citizen- 
ship ? 

10. What is the purpose of these clauses? 

11. What is the consequence of this national citizenship ? 

12. What is said of State amity ? 

13. What authority does the provision give to States and individ- 

uals? 

14. .What are the prohibitions in regard to new States? 

15. What is the object of the first clause? 

16. What is said about West Virginia? 

17. What is the object of the second provision? 



LESSON XLVI. — RIGHTS OF STATES, Continued. 

The Constitution says, " The times, places, and manner 
of holding elections for senators and representatives shall 
be prescribed in each State by the Legis- 

v J to V. Election {15). 

lature thereof; but the Congress may at 

any time, by law, make or alter such regulations, except as 

to the places of choosing senators." 

This clause gives the regulation of the election of sena- 
tors and representatives primarily to the legislative author- 
ity of the several States. Should they fail to exercise it, 
however, or exercise it improperly, the interests of the 
country would justify the interposition of Congress. 

By the forty-first paragraph of the Constitution, Congress 
has power "to provide for organizing, arming, and disciplin- 
ing the militia, and for governing such part yi MiUUa , 
of them as may be employed in the service 
of the United States, reserving to the States respectively the 
appointment .of the officers, and the authority of training 
the militia according to the discipline prescribed by Con- 
gress." 

Short Civ. Gov,— 12. 



172 CIVIL GOVERNMENT. 

As the National Government is to depend on the several 

States for the militia, it seems proper that the officers who 

are to train and discipline them should be 

1. Officers (41). . r 

appointed by the States. This arm or 
power of national security is in some sense a local police 
force, a means of State defense, for the proper organization 
and discipline of which the several States are responsible to 
the national authority. 

But, in order that there may be uniformity of organiza- 
tion and discipline, it is left with Congress to prescribe the 
mode. In case of an invasion by a for- 

2. Training (41). . , J m 

eign power, or a widespread rebellion, the 
militia of States distant from each other may be placed 
side by side in the same army. Hence the necessity of 
uniformity of discipline, and of its being under the direction 
of a single power, instead of being distributed among the 
several States. 

The Constitution says, "The United States shall guaran- 
tee to every State in this Union a republican form of 
rn. Federal government, and shall protect each of them 
Protection. against invasion, and on application of the 
Legislature, or of the Executive (when the Legislature can- 
not be convened), against domestic violence." 

The United States is one great political family, and each 
1. Government State is a member of that family ; and each 
(so). member has the right of protection from 

invasion without, or insurrection within. 

This is one of those State rights that give assurance of 
the stability and solidity of the State governments, as well 
as the perpetuity of the Federal Union. 

The States have the right of Federal protection against 
foreign invasion. They cannot declare 

2. Invasion (80). ° , . _ 

war, nor even engage in it as States, un- 
less the danger is so imminent as vol to admit of delay. 



RIGHTS OF STATES. 1 73 

For the surrender of this right, it is but reasonable that 
the National Government should pledge its power to de- 
fend them. 

Perhaps there is more danger of insurrectionary out- 
breaks under a republican form of government than under 
any other. Enjoying, as the people do, a 3. Domestic 
greater degree of freedom under this than noience (80). 
under other forms of government, that freedom is corre- 
spondingly more liable to be abused. 

Our history has in several instances demonstrated this 
liability. The national aid has been invoked, and Federal 
relief has been afforded to the States, in several cases since 
the formation of our government. 

Questions. 

18. What does the Constitution say about elections for senators 

and representatives? 

19. What is the order in which this power is conferred? 

20. What rights are reserved to the several States in regard to the 

militia ? 

21. Why is this reservation proper? 

22. Who prescribes the mode of discipline, and why ? 

23. What does the Constitution say in relation to Federal pro- 

tection ? 

24. Of what does this give assurance ? 

25. How are the States restricted as to war? 

26. What pledge from the National Government have the States 

' for the surrender of this right? 

27. What is said about danger of insurrection under a republican 

form of government? 

28. What has the history of the United States demonstrated as to 

this danger ? 



174 CIVIL GOVERNMENT. 



LESSON XLVIL — RIGHTS OF STATES, Continued. 

The Constitution says, " A person charged in any State 
with treason, felony, or other crime, who shall flee from 
nil. Fugitives, justice, and be found in another State, 
l. From justice shall, on demand of the executive authority 
{76) ' of the State from which he fled, be deliv- 

ered up to be removed to the State having jurisdiction of 
the crime." 

Provisions have been made by Congress to enforce the 
foregoing paragraph. An act was passed Feb. 12, 1793, 
by which, 

1 st, The Executive of the State in which the crime is 
committed must make demand for the return of the crim- 
inal on the Executive of the State to which the criminal 
has fled. 

2d, The demand must be accompanied by a copy of 
the indictment against the criminal ; or, 

3d, By an affidavit made before a magistrate charging 
the person demanded with having committed the crime, 
and having fled from justice. 

4th, The copy of the indictment, or the affidavit, must 
be certified by the governor or chief magistrate making 
the demand, to be authentic. 

5 th, When this is done, it is the duty of the Executive 
of the State to which the person has fled to cause the 
accused to be arrested and secured. 

6th, It is the duty of the Executive causing the arrest 
to give notice thereof to the Executive making the de- 
mand, or to his agent. 

7th, Following these proceedings, the person charged 
with the crime is delivered over for trial to the State au- 
thorities from which he fled. 



RIGHTS OF STATES. 1 75 

The Constitution says, "No person held to service or 
labor in one State, under the laws thereof, escaping into 
another, shall, in consequence of any law #, From Service 
or regulation therein, be discharged from (77). 

such service or labor, but shall be delivered up on claim 
of the party to whom such service or labor may be due." 

This paragraph refers to slaves exclusively. Acts of 
Congress have been passed and amended to enforce this 
provision. But they were all repealed in 1864; the next 
year after which, slavery was abolished in this country. 
This provision of the Constitution, therefore, is now super- 
seded. 

The Constitution says, " The enumeration in the Con- 
stitution of certain rights shall not be construed to deny 
or disparage others retained by the people." IX Meservations . 

In several paragraphs of the Constitution i- Mights enn- 

• • i , , j merated (94). 

certain rights are enumerated as reserved 
to the States ; and, but for the foregoing provision, it 
might possibly be inferred that all rights were surrendered 
by the States to the General Government except those 
included in such reservations. This amendment was 
adopted for the purpose of guarding against such possible 
construction. All such rights are reserved to the States as 
are not expressly, or by necessary implication, taken away. 

The Constitution says, "The powers not delegated to 
the United States by the Constitution, nor prohibited by it 
to the States, are reserved to the^ States #. powers not 
respectively, or to the people." delegated (95). 

Cases of doubtful authority may arise between a State 
and the United States. This amendment to the Constitu- 
tion furnishes a rule of interpretation in such cases. 

The powers of the National Government are limited, 
being conferred by the people of the several States, and 
enumerated in the Constitution as far as practicable. Of 



176 CIVIL GOVERNMENT. 

course, all the means necessary to carry into execution the 
spirit of the Constitution are not, and could not be, ex- 
pressly named. 

For instance: the power to regulate commerce is ex- 
pressly given to Congress ; and, while some of the means 
to carry this power into effect are enumerated, they are 
not all specified. Nor is this necessary, for a power con- 
ferred always implies the right to adopt the requisite means 
to make that power effective. 

Questions. 

29. What does the Constitution say about fugitives frorn just ; ce? 

30. What steps must be taken to secure the return of fugitives 

from justice ? 

31. What is said about the return of fugitives from service? 

32. What does the Constitution say of the enumeration of certain 

rights therein ? 

33. What is the object of this provision ? 

34. What rights are reserved to the States ? 

35. What is said in the Constitution of powers not delegated ? 

36. What rule does this furnish? 

37. What is said of the national powers? 

38. What is said about powers, and means for carrying them into 

execution, being expressed? 

39. What instance is given as an illustration? 

40. What does a power conferred imply? 



BLACKBOARD EXERCISE. 



State Subordination. 

I. State Obligations. 

i. United States Constitution . . . (85) 

2. Amendments . . . . . (81) 

II. Supremacy of United States Authority . . (88) 
III. Official Oath. 

i. State Legislators (84) 

2. State Executives ..... (84) 

3, State Judicial Officers f (84) 



111 



CHAPTER XVI. 

LESSON XLVIII. — STATE SUBORDINATION, 



The Constitution ^ays, " The ratification of the conven- 
tions of nine States shall be sufficient for the establishment 
of this Constitution between the States so 

X. State Obli- 

gations. ratifying the same. 

l. united states The origin of the obligations of the 

Constitution (85). . „, 

States to the General Government is 
founded in their assent to the Constitution of the United 
States. Before ratifying the Constitution, the States were 
at liberty to make their choice : they could come into 
the Union or stay out. Should they refuse their assent to 
the terms of national association, they would each be an 
independent political division, having all the attributes and 
prerogatives of sovereign States. But, having accepted 
the terms of union, they became subordinate to the national 
authority. 

In the eighty-first paragraph the Constitution provides 
for its own amendment. When an amendment is regularly 

». Amend- made, being ratified by the Conventions or 

ments (81). Legislatures of three fourths of the several 
States, it must be obeyed by all the States, as, to all 
intents and purposes, a part of the Constitution. It is 
equally binding on the States that do not ratify it and on 
those who do give it their sanction ; for, by coming into 
the Union, they solemnly agreed to the terms on which 
this Great Charter might be amended. 

The Constitution says, " This Constitution, and the laws 

178 



STATE SUBORDINATION. 1 79 

of the United States which shall be made in pursuance 
thereof, and all treaties made, or which IJL supremacy 
shall be made, under the authority of the of United states 
United States, shall be the supreme law u orx y 
of the land ; and the judges in every State shall be bound 
thereby, anything in the Constitution or laws of any State 
to the contrary notwithstanding. " 

The above is a solemn declaration of the binding and 
supreme authority over all State authority, — 

1. Of the Constitution of the United States. 

2. Of all laws made in pursuance of it. 

3. Of all treaties made under it. 

4. Furthermore, in case of collision by authority between 
the United States, acting constitutionally, and any particu- 
lar State, the former is supreme. The judges of every 
State are bound to so interpret the law. Were State 
authority supreme, the National Government would be 
characterized by weakness and imbecility. 

The Constitution says, " The senators and representa- 
tives before mentioned, and the members of the several 
State Legislatures, and all executives and IIIt official 
judicial officers, both of the United States ° ath (* 4 >- 
and of the several States, shall be bound by oath or affir- 
mation to support this Constitution." 

We see by this passage that not only senators and 
representatives in Congress, and all executive and judicial 
officers of the United States, must be bound by oath or 
affirmation to support the Constitution, but that all 
members of the several State Legislatures, and all State 
executive and judicial officers, are required to assume the 
same obligation. 

This is but a reasonable requirement, because the mem- 
bers and officers of the State governments have an essential 
agency in giving effect to the Federal Constitution. 



l8o CIVIL GOVERNMENT. 

The election of the President of the United States and 
senators in Congress will depend in all cases on the Legis- 
latures of the several States. 

In many cases the election of the House of Representa- 
tives may be effected by their agency. 

The judges of the State courts will frequently be called 
upon to decide upon the Constitution and laws and treaties 
of the United States, and upon rights and claims growing 
out of them. Decisions ought to be uniform, as far as 
possible ; and uniformity of obligation will greatly tend to 
such a result. 

The executive authority of the several States may be 
often called upon to exert powers or allow rights given by 
the Constitution, as in rilling vacancies in the Senate 
during the recess of the Legislature, in issuing writs of 
election to fill vacancies in the House of Representatives, 
in appointing officers of the militia, and in the surrender 
of fugitives from justice. 

Questions. 

i. Of how many States was assent to the Constitution required, 
to form the Union ? 

2. What is the origin of the State obligation to the Federal Union ? 

3. Had they not ratified the Constitution, what would have been 

the condition of the States ? 

4. What was the result of their acceptance? 

5. What provision does the Constitution make for its own amend- 

ment ? 

6. On whom are the amendments binding? 

7. What passage in the Constitution establishes the supremacy 

of the United States authority? 

8. What would be the result if State authority were supreme ? 

9. What does the Constitution say about official oaths ? 

10. Why is the requirement reasonable as to State officers ? 

11. What depends on the Legislatures of the several States? 

12. What may be the duties of the State judges ? 

13. What duties belong to State executives? 



BLACKBOARD EXERCISE '. 



State Prohibitions, 

I. State Relations {52) {54) 

II. Commercial. 

i. Coming Money {52) 

2. Bills of Credit . . . . {52) 

3. Tender . ..... (5#) 

4. Contract Obligations . . . (5#) 

III. Wfcr . {52) {64) 

IV. Penalties. 

1. Bill of Attainder .... (<5#) 

2. Ex post facto Law .... (5#) 
V. iV^/7//y (50) 

VI. Duties. 

1. Imports and Exports . e . (5$) 

2. Tonnage (&£) 



181 



CHAPTER XVII. 

LESSON XLIX. — STATE PROHIBITIONS. 



The Constitution says, " No State shall enter into any 
i. state Mela- treaty, alliance, or confederation." 
tions (52) (54). gy the fifty-fourth paragraph of the Con- 
stitution, States are forbidden to enter into any agreement 
or compact with another State or with any foreign power. 

The Constitution intends to confer the whole treaty- 
making power upon the General Government. It would 
not be safe to allow the States even to treat with each 
other. Were this permitted, two or more States might 
enter into a compact, not only quite adverse to the inter- 
ests of neighboring States, but also to the interests of the 
Federal Union. 

Were the States at liberty to treat with foreign powers 
or neighboring States, they might enter into such arrange- 
ments as would interfere with those made by the General 
Government at home and abroad. 

If the States were permitted to enter into treaties with 
foreign powers, the authority of the General Government 
on the same matter would be at an end. 

Foreign powers might secure an advantage over all the 
States by securing the favor of one State. 

By the fifty-second paragraph of the Constitution, States 
are prohibited from exercising any of the 

II. Commercial. .... 

following commercial powers : — 

182 



STATE PROHIBITIONS. 1 83 

i. To coin money. 

2. To emit bills of credit. 

3. To make anything but gold and silver coin a tender 
in payment of debts. 

4. To pass any law impairing the obligation of con- 
tracts. 

The power to coin money is confided to the General 
Government. Were the States invested with it, the effect 
would be to multiply expensive mints, and ± coining 
diversify the forms and weights of the cir- Money (52). 
culating coins. This would destroy all hope of uniformity 
of currency, and would seriously cripple and embarrass the 
interests of commerce. 

The bills of credit as here referred to, and which States 
are forbidden to emit, are engagements to pay money. At 
the close of the revolutionary war, and for #. ^uis of 
some years afterwards, the whole country credit (52). 
was flooded with a nearly worthless paper currency. It 
was issued under the direction of Congress, but it was 
expected that each State would redeem its proper propor- 
tion i but they did not do this, and it became utterly worth- 
less as a medium of exchange. It is known in history as 
the "Continental currency." It amounted in the aggre- 
gate to over three hundred and fifty millions. 

The States themselves had also, on their own account, 
largely issued similar bills of credit. At last it was hardly 
worth a penny on a dollar. 

This was the experience that led the authors of the 
Constitution to insert this clause. 

The States are also forbidden to pass any laws making 
anything but gold and silver coin a tender in payment of 
debts. This prohibition has the same gen- 

r ° S. Tender (52). 

eral object in view as the preceding clauses. 

It is intended to give uniformity and stability to the currency 



184 CIVIL GOVERNMENT. 

of the country, and to establish confidence in commercial 
transactions. 

Though the States cannot make anything but gold and 
silver a legal tender, this prohibition does not apply to the 
General Government. A large part of the present paper 
currency is made legal tender by a law of Congress, 
passed early in 1862. But this is a national medium of 
exchange, and the law authorizing its issue has been de- 
clared by the Supreme Court of the United States to be 
constitutional. 

Questions. 

Ie On whom does the Constitution intend to confer the treaty- 
making power? 

2 e Why would it not be safe to allow the States to treat with each 
other? 

3. Why not with foreign powers ? 

4. What commercial powers are the -States prohibited from exer- 

cising? 

5. What would be the effect if the States were allowed to coin 

money ? 

6. What are bills of credit? 

7. What is said about paper money at the close of the revolu- 

tionary war ? 
8* What was expected of the States with respect to this paper 

currency? 
9. What was the result of their not doing this ? 

10. What was the amount of Continental currency? 

lie How far did it finally depreciate in value? 

i2o What are the restrictions on the States about money as a ten- 
der in payment of debts ? 

13, What is the object of this provision ? 

14.0 What is said about our present paper currency? 

15. What decision has the Supreme Court given on this? 



STATE PROHIBITIONS. 185 



LESSON L. — STATE PROHIBITIONS, Continued, 

By the fifty-second paragraph, States are forbidden to 
grant letters of marque and reprisal ; and by the fifty-fourth 
they are forbidden to keep troops or ships 

r . . r ., , III. War (52) (54). 

of war in time of peace without the consent 

of Congress, or engage in war unless actually invaded or 

in such imminent danger as will not admit of delay. 

These citations from the Constitution embrace all the 
restrictions imposed on the States in reference to making 
war. The power of making war and of making treaties of 
peace belongs exclusively to the General Government. 

A State may be so situated that it may become indis- 
pensable to possess military forces to resist an expected 
invasion or insurrection. The danger may be too immi- 
nent to admit of delay \ and under such circumstances a 
State would have a right to raise troops for its own safety, 
even without the consent of Congress. 

By the fifty-second paragraph of the Constitution, States 
are forbidden to pass any bill of attainder or ex post facto 
law. These are explained in the chapter 

r r IV. Penalties (52). 

"Prohibitions on the United States. 

Bills of attainder and ex post facto laws are contrary to 
the first principles of the social compact and of every 
principle of sound legislation. Congress is forbidden to 
pass them, as we have seen ; and for the same, if not for 
stronger reasons, the prohibition is extended to the States. 

By the same paragraph, the States are forbidden to 
grant any title of nobility. We have seen in another 
place that the United States are under the 

. . . V. Nobility (52). 

same prohibition. 

Besides the royal family in England, there are five orders 
of nobility, — dukes, marquises, earls, viscounts, and barons. 



l86 CIVIL GOVERNMENT, 

These are all included under the general term " lords " or 
"peers." These titles descend to the heirs. 

It would be absurd to provide against the exercise of 
this power by the General Government, and yet leave the 
States at liberty to exercise it. 

The Constitution says, " No State shall, without the con- 
sent of the Congress, lay any imposts or duties on imports 
vi duties or ex P orts > ex cept what may be absolutely 

1. imports and necessary for executing its inspection laws ; 

Exports (53). an(J tfae net produce of a]1 dut j es and J m . 

posts, laid by any State on imports or exports, shall be 
for the use of the treasury of the United States." * 

The restraint on the power of the States over imports 
and exports is enforced by all the arguments which prove 
the necessity of submitting the regulation of commerce to 
the Federal councils. Imposts and duties were explained 
in treating of the "Powers of Congress." 

Inspection laws are not, strictly speaking, regulations of 
commerce. Their object is to improve the quality of arti- 
cles produced by the labor of the country, and to fit them 
for exportation or for domestic use. These laws act upon 
the subject before it becomes an article of commerce. 

States are also forbidden to lay any duty of tonnage 
without the consent of Congress. 

Tonnage duty is a tax or duty laid on ships or ves- 
sels in proportion to their cubical con- 

2. Tonnage (54). . a , 

tents expressed in tons. A ton, expressed 
by measure, is forty-two cubic feet. 

In reference to the subject of duties generally, it was the 
intention of the authors of the Constitution to place it en- 
tirely under the supervision and control of Congress. 



STATE PROHIBITIONS. 187 



Questions. 

i6 What are the restrictions on the States in the fifty-second, 
fifty-third, and fifty-fourth paragraphs? 

17. To whom does the war and treaty making power belong? 

18. When may a State raise troops without the consent of Con- 

gress? 

19. What is said of bills of attainder and ex post facto laws? 

20. What is said about titles of nobility? 

21. How many and what are the titles of nobility in England? 

22. By what other general names are they known ? 

23. What are the restrictions on the States about imports and ex- 

ports? 

24. What is the object of inspection laws? 

25. What is said about the duty of tonnage? «* 

26. What is a ton in measure? 



Short. Civ. Gov.— 13 



BLACKBOARD EXERCISE. 



Personal Rights 



I. Domicile. 

i. In Peace .... . . (88) 

2. In War (88) 

II. Searches and Seizures . . . . (£P) 

III. Judicial. , 

i . Indictment . . . . . . (P#) 

2. Second Trial . . . . . (P#) 

3. Z$£, Liberty, and Property . . . (90) 

4. Private Property ..... (00) 

IV. Criminal Actions. 

1. Accusation . . . . . . (Pi) 

2. y^ry 7W#/ ...... (91) 

3. Witnesses . . . . . (PP) (PI) 

4. Counsel (PI) 

5. Bail . (95) 

6. Fines . . . • . . (93) 

7. Punishments . . . . . . (93) 

V. Civil Actions. 

1. /z^ Tr/tf/ (P£) 

2. Second Trial (92) 

VI. Treason. 

1. What is Treason . . e . (72) 

2. Conviction for Treason . (72) 



188 



CHAPTER XVIII. 

LESSON LI. — PERSONAL RIGHTS. 



The Constitution says, " No soldier shall, in time of 
peace, be quartered in any house without 

I. Domicile. 

the consent of the owner ; nor in time 

of war but in a manner to be prescribed by law." 

The place most sacred to every citizen is that one which 
he calls his home. The enjoyment of it, uninterrupted, is 
among the most sacred of personal rights. 

t . , . r & 1. In Peace (88). 

Arbitrary rulers, even in time of peace, are 

prone to trespass on this right, and in the very mode here 

forbidden. 

A man's house is his castle, and in every land of law 
and order it is the owner's right that it should be pro- 
tected. 

But the necessities of war may sometimes require the 
sacrifice of private property and individual rights for the 
public good. In such cases, under our 

r *> ' 2. In War (88). 

Constitution, just compensation must be 
made for the sacrifice of private property. In time of war 
it may become a public necessity not only to quarter 
troops in private houses, but to convert churches, court- 
houses, and other public buildings, into barracks and hos- 
pitals. 

But invasion of private property must, under our gov- 
ernment, be strictly according to law. This would not 
be regarded as an encroachment, however, by any patriotic 

189 



I go CIVIL GOVERNMENT. 

or reasonable man, but rather as cause for gratitude to 
his country. 

The Constitution says, " The right of the people to be 

sequre in their persons, houses, papers, and effects, against 

ii. Searches and unreasonable searches and seizures, shall 

seizures (89). no t be violated ; and no warrants shall 
issue but upon probable cause, supported by oath or affir- 
mation, and particularly describing the place to be searched, 
and the persons or things to be seized." 

This provision requires no explanation, It is an affirm- 
ance of a well-known principle of common law, recognized 
for ages. But it had been so frequently and so shamefully 
violated by despotic rulers for centuries, that our fathers 
thought it prudent to incorporate it among the earlier 
amendments to the Constitution. 

Questions. 

i. What does the Constitution say about quartering soldiers in 
private houses ? 

2. What is said about the personal rights of a citizen in reference 

to his home, and what about arbitrary rulers? 

3. What do the necessities of war sometimes require for the pub- 

lic good? 

4. What is said about compensation for the sacrifice of private 

property ? 

5. What is said in relation to unreasonable searches and seiz- 

ures? 

6. What does the Constitution say are the conditions necessary to 

the issue of warrants ? 

7. What is said of this provision? 



PERSONAL RIGHTS. 191 



LESSON LIL — PERSONAL RIGHTS, Continued. 

The Constitution says, "No person shall be held to 
answer for a capital or otherwise infamous crime, unless on 
a presentment or indictment of a grand jury, 

v . ,11 JJX Judicial. 

except in cases arising in the land or naval 
forces, or in the militia, when in actual service, in time of 
war or public danger; nor shall any person be subject, for 
the same offense, to be twice put in jeopardy of life or 
limb ; nor shall be compelled, in any criminal case, to be 
a witness against himself; nor be deprived of life, liberty, 
or property, without due process of law ; nor shall private 
property be taken for public use, without just compensa- 
tion." 

A capital crime is one that subjects the offender to the 
penalty of death. lm indictment 

An infamous crime is one that exposes ( 9 °)- 

the criminal to the abhorrence and detestation of mankind, 
and to ignominious punishment more or less severe. 

An indictment is a written accusation or a formal charge 
made against a person for the commission of a crime, and 
is made by a grand jury on oath. 

A grand jury generally consists of twenty-three men. It 
requires a majority to find an indictment. They sit under 
the direction of court with closed doors, and are sworn to 
secrecy in regard to their proceedings. The prosecuting 
attorney, being the law officer for the State, draws up the 
indictment according to the forms of law. The foreman 
of the grand jury indorses on it the words, " A true bill," 
and signs his name under the indorsement. This must be 
done before the accused can be put on his trial. 

Crimes committed in the army or navy, or in the militia, 
when in actual service in time of war or public danger, 



192 CIVIL GOVERNMENT. 

are tried by court-martial or by military commission, 
without going through with the formalities of an indict- 
ment. 

The Constitution says, " Nor shall any person be sub- 
2. Second Trial ject, for the same offense, to be twice put 
{90). in jeopardy of life or limb." This refers 

to second trials for the same crime. 

By the authority of this clause, no person having been 
once tried for a crime, whether found guilty or not guilty, 
if the jury agree on a verdict at all, can be put on his trial 
a second time for the same offense. But this statement 
must be taken with the qualification that the accused does 
not himself apply for a new trial. 

The Constitution says, u Nor be deprived of life, liberty, 

3. Life, Liberty, or property, without due process of law." 
and Property The first object of human government is 

protection of the citizen. This clause is 
inserted for the purpose of, giving assurance that life, lib- 
erty, and property shall be held sacred in the eye of the 
law, and that the citizen shall not be deprived of either ex- 
cept through all the forms and substance of the regular 
administration of justice. 

On the other hand, the public good, which is paramount 
to private interest, often requires the appropriation of pri- 

4. Private Prop- vare property for the ends of government, 

erty (90). or f or the greater good of the greater num- 
ber. Where the public interests require it, private property 
may be taken by rendering a just compensation to the owner 
of the same. 

What is just compensation in such cases is to be ascer- 
tained by such process of investigation as shall be fixed by 
law. It may be necessary to project a railroad, a military 
road, or to construct a canal ; or it may become necessary 
to appropriate private property for the support of an army. 



PERSONAL RIGHTS. 1 93 

This may be done by authority of law, but not without just 
compensation to the owner of the property. 

Questions. 

8. Will you recite the Fifth Article of Amendment to the Consti- 
tution? 

g. What is a capital, and what an infamous, crime? 
10. What is an indictment? 
n. What is a grand jury? 

12. What is said about their proceedings? 

13. What is said about the trial of crimes committed in the army, 

navy, and militia? 

14. What is said about second trials ? 

15. What is the first object of government? 

16. Why is this clause in regard to life, liberty, etc., inserted in 

the Constitution? 

17. What does the public good often require? 

18. What is said about compensation for private property? 



LESSON LIIL — PERSONAL RIGHTS, Continued. 

The Constitution says, " In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public trial 
by an impartial iury of the State and dis- 

. , . ; ; . . lt - , IV. Criminal 

tnct wherein the crime shall have been Actions. 
committed, which district shall have been *• Accusation 

(91) 

previously ascertained by law, arid to be 
informed of the nature and cause of the accusation, to be 
confronted with the witnesses against him, to have com- 
pulsory process for obtaining witnesses in his favor, and to 
have the assistance of counsel for his defense." 

We have here an outline of the rights of a party on 
trial for a criminal offense. In the first place, he is to 
be informed of the nature and cause of the accusation 



194 CIVIL GOVERNMENT. 

against him. This appears in the indictment, which is a 
written accusation made by the grand jury, on oath, at 
the suit of the government. 

,The indictment must charge the time, place, and nature 
and circumstances of the offense with clearness and cer- 
tainty ; giving the accused full and definite notice of the 
charge, so that he may make his defense with all reason- 
able knowledge, and to the best of his ability. 

The trial is by jury. This is a petit jury, consisting of 

twelve good and lawful men, against whom, and each of 

whom, no valid and legal objection can be 

£„ Jury Trial (91). ./_... , . 

raised. This jury must be impartial ; that 
is, it must be constituted of persons who have not already 
made up their minds on the guilt or innocence of the 
party accused. 

The jury shall be selected from the State and district 
in which the crime shall have been committed \ and the 
district shall have been previously ascertained, that is, 
determined by law. The selection of the jury from the 
State and district in which the crime is committed is 
supposed to secure fairness and impartiality on the trial. 

By our Constitution, a man cannot be compelled to tes- 
tify against himself; and this is in affirmance of a well- 

3. witnesses settled principle of common law. 
(90) (9i), it j s we n known that in some countries 

criminals are not only compelled to give evidence against 
themselves, but are subjected to the rack or torture in order 
to procure a confession of guilt, presuming that innocence 
would vindicate itself by a stout resistance, or that guilt 
would make open confession. 

The accused has the right to compulsory process for 
obtaining witnesses in his favor. This is to secure impar- 
tiality of trial, and to give a fair opportunity of defense. 
This shall be done, if need be, at the expense of the gov- 



PERSONAL RIGHTS, 



*9S 



ernment itself, though carrying on the prosecution against 
him. 

Not far back in English history, the prisoner at the bar 
was denied the privilege of calling witnesses to testify 
in his favor ; but our Constitution makes wise provision 
against the possibility of such gross injustice 

The accused shall also have the assistance of counsel 
for his defense. This means that he shall have a lawyer 
to assist him at the bar, to guard his rights, 

, r -, , o ' , , r . 4. Counsel (91) 

to defend him, to see that he has a fair 

trial, and to see also that no injustice is done him. 

If he is unable to employ counsel of his own selection, 
it is the duty of the court to appoint one or more for that 
purpose at the expense of the government : so careful is 
the law in this country of the rights of every American 
citizen. 

Excessive bail shall not be required. Bail here means 
a bond of surety in a sum of money signed by some re- 
sponsible person or persons, promising that 
the accused shall appear and stand his 
trial in court when called for, or, if he does not, that the 
sum of money named in the bond shall be paid. On fur- 
nishing such a bond, the person is at liberty to go at large 
until the day of trial. If no such bond be furnished, the 
accused will be shut up in jail, that his body may be held 
securely till the time of trial. 

Except in cases where the accused is charged with 
crime punishable by death, and a few others, he has a right 
to be discharged from custody, on giving the bail required 
by the court. 

This bail must not be excessive, but reasonable in 
amount. But for this humane provision in our Constitu- 
tion, it might be required in a sum so large that a person 
of ordinary means would be unable to procure it. Should 



I96 CIVIL GOVERNMENT. 

a magistrate, under our Constitution, see fit to be thus 

cruel, the prisoner can obtain relief under the forms of 

law. 

.Excessive fines are forbidden. A fine is a pecuniary 

penalty imposed by a court upon a per- 

6. Fines (93) . r / . . ; . rr 

son for a criminal offense, or transgres- 
sion of the law,, 

Nor shall cruel and unusual punishments be inflictedo 
This needs no comment, except the remark that history 
7. Punish- shows that despots in the dark ages taxed 
ments (93). their fiendish ingenuity to invent punish- 
ments the most horrid, cruel, and revolting; and this 
prohibition is for the purpose of avoiding all possibility of 
a repetition of such cruelties in this country. 

Questions. 

19. Will you recite the Sixth Article 'of Amendment? 

20. Of what is this an outline? 

21. What must the indictment charge ? 

22. What is a petit jury ? 

23. What is said about their being impartial ? 

24. Where is the jury to be selected ? 

25. What is required of witnesses in some countries ? 

26. To what has the accused a right? 

27. What is the object of this ? 

28. Of what have prisoners in England been denied ? 

29. What is said about the assistance of counsel ? 

30. What is bail, and what is said about it ? 

31. In what cases may the prisoner give bail ? 

32. Why should not the bail be excessive? 

33. What is said about fines ? 

34. What is a fine ? 

35. What is said about punishments ? 

36. What is the object of this provision of the Constitution ? 



PERSONAL RIGHTS. 197 



LESSON LIV. — PERSONAL RIGHTS, Continued. 

The Constitution says, " In suits at common law, where 
the value in controversy shall exceed twenty dollars, the 
right of trial by iury shall be preserved : and 

- . , ; , . . „. ' . r. Civil Actions. 

no fact, tried by a jury, shall be otherwise 
reexamined in any court of the United States than accord- 
ing to the rules of the common law." 

Trial by jury has long been considered a sacred right 
even in civil controversies. In England 

,."■-., r .-,.■, 1 1. Jury Trial {92). 

this right was first recognized in the time 

of Alfred the Great, who established the proceeding in the 

ninth century. That noble ruler died in 901. 

The above amendment to the Constitution was early 
adopted to allay the fears of some of its opposers that 
that instrument substantially abolished the right of jury 
in civil cases. These fears were grounded in the fact that 
this right was expressly secured therein in criminal cases. 

The language of the amendment applies only to cases 
in the common-law courts, not to courts of admiralty and 
maritime jurisdiction, nor to cases of equity, in which the 
courts determine both the law and the fact. 

If the matter in controversy be less than twenty dollars, 
a jury trial cannot be claimed, being a matter of too little 
importance to warrant the expense of a jury trial. 

When a matter in controversy has once been judicially 
settled by a competent court, that adjudication is a bar to 
any further judicial examination or pro- #. second 
ceedings, except according to the forms Trial ( 92 ^ 
and usages of the common law. There must be an end 
somewhere to human controversy, and that end must be 
determined by legal principles and usage. 

The rules of common law here spoken of, under which 



198 CIVIL GOVERNMENT* 

matters of fact may be reexamined, refer to a continuation 
of the investigation by a successful motion for a new trial, 
on cause shown, or by writ of error, or by an appeal to 
another and higher tribunal. The parties have the right to 
exhaust all legal remedies before the controversy is to be 
considered as judicially settled ; but these remedies must 
be pursued according to common-law usage. 

Questions, 

37o What is the Seventh Article of Amendment 

38. How is trial by jury considered ? 

39. By whom and when was jury trial established in England ? 

40. Why was this amendment to our Constitution adopted? 
4I0 To what courts does it apply, and to what does it not ? 
42 In what cases may jury trial be claimed? 

43. What is said about second trial? 

44. To what do the rules of common law refer ? 



LESSON LV. — PERSONAL RIGHTS, Continued. 

The Constitution says, "Treason against the United 

ri Tre ason. States sha11 consist only in levying war 
i t what is it? against them, or in adhering to their ene- 
mies, giving them aid and comfort." 

There are but two ways that treason can be committed 
against the United States, and these are defined with such 
precision as to leave no room for cavil or doubt. Levying 
war against the United States, or adhering to their enemies, 
giving them aid and comfort, is treason. 

Very early in our history the Supreme Court of the 
United States had occasion to define what is to be under- 
stood by the phrase " levying war." On that occasion the 
court said, "However flagitious may be the crime of con- 



PERSONAL RIGHTS. 1 99 

spiring to subvert by force the government of our country, 
such conspiracy is not treason." 

To conspire to levy war, and actually to levy war, are 
distinct offenses. The second (levying war) must be 
brought into open action by the assemblage of men for a 
purpose treasonable in itself, or the fact of levying war can- 
not have been committed. 

The Constitution says, " No person shall be convicted of 
treason, unless on the testimony of two wit- 2. conviction 
nesses to the same overt act, or on con- f° r Treason (?#)• 
fession in open court/' 

The Constitution is humane to the accused in requiring 
the strictest proof for the establishment of his guilt. There 
must be two witnesses, at least, to the same overt act, un- 
less the prisoner make confession in open court. Confes- 
sions out of court, though testified to by any number of 
witnesses, are not sufficient. 

There must, as there should, be a concurrence of two 
witnesses to the same overt act, that is, open act of treason, 
who are above all reasonable exception. 

Questions. 

45. What is treason against the United States ? 

46. In how many ways can treason be committed ? 

47. What decision has the Supreme Court given on the subject of 

"levying war"? 

48. What is necessary for a conviction of treason ? 



BLACKBOARD EXERCISE. 



Executive. 



I. In whom vested ...... (55) 

II. Executive Term . . . . . (55) 

III. Eligibility. 

i. Citizenship . . . . . (5P) 

2. ^£? . (59) 

3. Residence ...... (5P) 

^ IV. Zfcw elected. > 

1. Electors. 

(a) Appointment ..... (56) 

(b) Number . . . . . (56) 

(c) Proceedings. 

1 st, Meeting .-•„ . . . (57) 

2^ £&/*«£■ ..... (57) 

3*/, Making Lists . . . (37) 

4/^, Signing and certifying Lists . (57) 

5M, Transmitting Lists . . (57) 

6/y#, Directing Lists . . . (57) 

(d) Ln Congress. 

1st, Joint Meeting . . . (57) 

2d, Opening Certificates . . (57) 

3d, Counting Votes . . . (57) 

2. House of Representatives. 

(a) Quorum ..... (57) 

(b) Eligibility ..... (57) 

(c) Voting .;-'■■ (57) 

v. c>^ <?/ <9^ . . (e#) 

VI. J%z£> removable ...... (67) 

VII. Salary . . t 9 . (61) 



EXECUTIVE. 


201 


III. Powers and Duties. 




I. Military. 




(a) Army and Navy # 


. (65) 


(b) Militia 


. (65) 


2. Civil. 




(a) Departments . . . 


. (65) 


(b) Reprieves arid Pardons 


. (65) 


(c) Treaties • 


. (64) 


(d) Appointments. 




ist, General. 




(a) Diplomatic 


• (04) 


(b) Judicial 


. (64)' 


(c) Others . 


. (64) 


2^, Special 


. (65) 


(e) Messages . 


. (66) 


(f) Congress. 




ist, Convocation . 


. (66) 


2d, Adjournment 


• W 


$d, Veto . 


(«4) (*5) 


(g) Reception .... 


• (66) 


(h) Executor of the Laws . 


. {66) 


(i) Commissions 


. {66) 



CHAPTER XIX. 

LESSON LVI. — EXECUTIVE. 



The Constitution says, "The executive power shall be 
i. in whom vested in a President of the United States 
vested {55). f America." 

Under the Confederation, there was no such officer as a 
President of the United States. There was an Executive 
Committee of thirteen, one from each State, having no 
power except during the recess of Congress. Congress 
possessed the executive power while in session. 

Energy in the Executive is one indispensable character- 
istic in the definition of good government, for the duty 
of this department is to see that the laws are faithfully 
and promptly executed. A feeble Executive implies a 
feeble execution of the government. A feeble execution 
is but another phrase for a bad execution ; and a govern- 
ment ill executed, whatever it may be in theory, must be 
a bad government in practice. 

The convention that formed the Constitution deliberated 

some time on the question whether to place the executive 

power in the hands of one or of several individuals. It 

was believed by all that, in the hands of one, the executive 

power would be more prompt and energetic ; and this view 

settled the question. It is supposed to give a stronger 

sense of personal responsibility, 
202 



EXECUTIVE. 203 

The Constitution says, " He shall hold his office during 
the term of four years." rr. Executive 

In the Constitutional Convention the Terni ^ 55) - 
period for which the Executive should be elected was a 
subject on which there was much debate and difference of 
opinion. 

The several periods of one, two, three, four, six, and ten 
years, each had its advocates ; and some members were 
in favor of an Executive for life, or during good behavior. 
Four years, the term finally adopted, was the result of 
compromise. 

The Executive term should not be so short as to give 
no opportunity to test the utility of its measures ; nor, on 
the other hand, should it be so long as to allow a corrupt 
and obstinate Executive to afflict the country with perma- 
nent mischief and disaster. 

The presidential term commences on the fourth day of 
March next after the President's election ; and in case of 
his death, removal, or resignation during his term, the 
person who succeeds to the duties of the office serves the 
unexpired portion of the term only. 

The first four years of the twentieth century, March 4, 
1 90 1, to March 4, 1905, constitute the twenty-ninth presi- 
dential term since the adoption of our Constitution. 

The Constitution says, " No person, except a natural- 
born citizen, or a citizen of the United States at the time of 
the adoption of this Constitution, shall be 

r III. Eligibility. 

eligible to the office of President; neither 
shall any person be eligible to that office who shall not 
have attained to the age of thirty-five years, and been four- 
teen years a resident within the United States." 
The Constitution requires that the Presi- 

x . . 1. Citizenship (59), 

dent shall be a natural-born citizen of the 

United States, or a citizen at the time of the adoption of 

Short, Civ Gov.— 14 



204 CIVIL GOVERNMENT. 

the Constitution This is a necessary restriction, when we 
consider the sacredness of the trust committed to the 
charge of the Executive. 

' Several of the sovereigns of Great Britain were persons 
of foreign birth. This qualification destroys any hopes 
that any intriguing foreigner might indulge of becoming the 
chief Executive of our Republic. 

But throughout the bloody struggle of the American 
revolution our fathers were greatly assisted by the aid of 
many citizens who were natives of other countries. It 
would have been ungenerous and ungrateful to have ex- 
cluded this class of citizens from all possibility of 'attaining 
to any office, however exalted, under a government which 
they had sacrificed so much to establish. 

But the clause giving eligibility to a citizen at the time 
of the adoption of our Constitution, though of foreign 
birth, has become practically obsolete by the lapse of time. 

The Executive is eligible to reelection without limita- 
tion; but thus far in our history no Executive has been 
elected to the office beyond the close of his second term. 

The age required was regarded as necessary to give the 
candidate for this office sufficient time to demonstrate his 
character, and to enable his fellow-citizens 
to judge of his fitness for the high position of 
chief Executive of a great nation. The mental faculties are 
usually in full vigor at this age ; and opportunities must have 
been afforded for long public service, and for varied and 
large experience in the public councils. 

A residence of fourteen years within the United States is 

requiredo It might be presumed that long and continued 

residence abroad would create not only 

3. Mesidence (59). .,-._. r . r , .. . 

indifference for the country of ones birth, 
but a partiality for the institutions of other countries with 
which he has long been familiar. 



EXECUTIVE. 



205 



This long residence in the United States is intended not 
only to give opportunity for an extensive acquaintance on 
the part of his fellow-citizens with the candidate for this 
office, but also to furnish him with the requisite knowledge 
of the wants and institutions of the country. 

Questions. 

1. In whom is the executive power vested ? 

2. In whom was it vested under the Confederation ? 

3. What does a feeble Executive imply ? 

4. What does that imply? 

5. Give the views of the convention on the unity of the Executive e 

6. How long is the Executive term ? 

7. What variety of opinion was there on the Executive term? 

8. When does the term commence? 

9. What is the number of the present Executive term? 

10. What are the conditions of eligibility? 

11. Who might be President though foreign born? 

12. Why is the age named necessary? 

13. Why is so long a residence required? 



LESSON LVII. — EXECUTIVE, Continued. 

There are but two ways of electing a chief magistrate 
of the United States. The first method is by electors ap- 
pointed for that purpose : and, if this meth- 

, , ., , 1-11 , -r-r IY. How elected. 

od fails, the election devolves on the House 

of Representatives. We will consider the two methods. 

In the convention that formed the Constitution, there 
were three methods proposed for electing a President. 
The first plan was by the two Houses of 

_, . ' , _ i. Electors. 

Congress on joint ballot. The second was 
by electors to be appointed by the several State Legisla- 
tures. The third was, and this prevails, to elect by electors 
appointed in such manner as the several State Legislatures 



206 CIVIL GOVERNMENT. 

might direct. The Constitution gives Congress the power 
to determine the time of choosing the electors. Congress 
has fixed by law that electors shall be chosen throughout 
the United States on the first Tuesday after the first Mon- 
day in the month of November of the year of the presiden- 
tial election. 

The electors in the several States are elected by the 
people, in the manner prescribed by the Legislatures of the 

(«) Appoint- respective States. No senator, representa- 
ment{56). tive, or other person holding a place of 
trust or profit under the United States, can be an elector 
of President and Vice-President. Thus the sense of the 
people more distinctly prevails than it would were the 
choice of President confided to persons holding other 
official positions. 

The number of electors corresponds with the number 

of senators and representatives to which the States are 

respectively entitled in Congress. Thus each State has 

about the same influence in the election of 

(b) Number {56). ^ .._/■_ M 

President and Vice-President that it has in 
the national councils. 

There are certain steps to be taken by the electors 
after their appointment, which are defi- 

(c) Proceedings. . . 

nitely specified by the Constitution. 

The first step to be taken by the electors after their 

appointment is to meet in their respective States. By a law 

of Congress, the State Legislature is author- 
ise Meeting (57). . ' " ,. , , 

ized to direct as to the place of meeting. 
This place is generally, perhaps in all cases, the capital of 
the State. The meeting of the electors, by law of Congress, 
takes place on the second Monday in January next after 
they are chosen. All the electors meet on the same day. 

The meeting is a mere matter of form. They are ex- 
pected to cast their votes for the candidates of the political 



EXECUTIVE. 207 

parties according to previous pledges. No discussion of 
the merits of the candidates takes place. The electors 
are chosen wholly with reference to particular persons who 
have been put in nomination at a convention called for 
that purpose. This, however, is a gross perversion of the 
intention of the authors of the Constitution. It is the 
result of modern political party management. 

The votes must be given by ballot for President and 
Vice-President, one of whom, at least, shall not be an 
inhabitant of the same State with them- 

, * > a- • • 2d, Voting {57). 

selves. According to this provision, a 
State w r ould lose its vote if given for candidates both of 
whom were citizens thereof. They shall name in their 
ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President. 

The electors are required by the Constitution to make 
distinct lists of all persons voted for as President, and 
of all persons voted for as Vice-President, 3d, Mauing 
and of the number of votes for each. Lists (57) * 

These lists are to be signed and certi- 4th > Si v nin v and 

certifying Lists 

fied by the electors. (57). 

These lists are to be transmitted to the Sth ^ Tran smit 
seat of the government of the United States. Mng Lists (57) a 

These certificates are to be directed to etn, Directing 
the president of the Senate. zists ( 57 )- 

By law of Congress, the electors are to make and sign 
three certificates of all the votes given. They are to seal 
up these certificates, and to certify on each that a list of the 
votes of their States respectively for President and Vice- 
President is contained therein. 

They shall appoint a person to take charge of and de- 
liver one of these certificates to the president of the Senate 
at the seat of government before the fourth Monday of 
January then next ensuing. 



208 CIVIL GOVERNMENT. 

Another of the certificates is to be forwarded forthwith 
by mail to the president of the Senate at the seat of gov- 
ernment. 

.The third certificate is to be delivered to the judge of 
the district court in which the electors assemble. 

It will be observed that the certificates are now in the 
hands of the president of the Senate, and 

(d) In Congress. 

the steps are to be taken tor canvassing 
the votes certified therein. 

A joint meeting of the two Houses of Congress is then 
1st, Joint Meet- called ; and this takes place, by law of 
ing (57). Congress, the second Wednesday of Feb- 
ruary following the reception of the certificates. The meet- 
ing is in the Hall of Representatives. 

" The president of the Senate shall, in presence of the 
2d, Opening Cer- Senate and House of Representatives, open 

tificates (57). a \l the certificates." 

"The votes shall then be counted." The counting of 

3d, counting the votes is done by tellers appointed for 
Votes (57). t | iat p Ur pose by the House and the Senate. 

On one occasion, in 1877, Congress by special law con- 
stituted an Electoral Commission consisting of five sena- 
tors, five representatives, and five justices of the Supreme 
Court, who were authorized to decide which of two con- 
flicting sets of votes from certain States should be counted. 

The Constitution says, " The person having the greatest 
number of votes for President shall be the President, if such 
number be a majority of the whole number of electors ap- 
pointed." 

But if no candidate shall receive a majority of the elect- 
ors appointed, then, by the Constitution, the election of that 
officer devolves upon the House of Representatives. 

This occurred in the year 1825, and may occur at any 
election when there are three or more candidates* 



EXECUTIVE. 209 



Questions. 

14. How many methods of electing a President, and what are they ? 

15. How many and what plans were proposed ? 

16. How are electors appointed ? 

17. Who may not be appointed electors? 

18. Why is this ? 

19. How many electors for each State ? 

20. What are the various steps required to be taken by the electors ? 

21. What restrictions on the voting? 

22. How must the lists be transmitted ? 

23. What are the steps for canvassing the votes in Congress ? 

24. What is the result ? 



LESSON LVIII. — EXECUTIVE, Continued. 

When the people fail to elect the chief Executive, it 
seems proper to refer the matter for decision to the House 
of Representatives. This seems to be the 2. Souse of 
most appropriate body, as the members of Representatives. 
which it is constituted are chosen by the popular voice, and 
are the more immediate representatives of the people. 

The Constitution says, " A quorum for this purpose shall 
consist of a member or members from two 
thirds of the States, and a majority of all («) Quorum (57). 
the States shall be necessary to a choice." 

A majority can transact the ordinary business of legis- 
lation ; but the election of a chief magistrate of the nation 
was regarded by the authors of the^Constitution as a matter 
of such grave interest to the country, that they inserted this 
provision with unanimity. 

When the election takes place in the House, the selec- 
tion must be made from the persons already voted for by 
electoral vote. The House is not at liberty ^ Eligibility 
to take up a new candidate; but their se- (57 )- 

lection must be confined to those receiving the highest 



2IO CIVIL GOVERNMENT. 

numbers, not exceeding three, on the list of persons voted 
for as President. This provision is made for the purpose 
of excluding from the list all such persons as receive but a 
small number of the electoral votes. 

In choosing the President by the House of Representa- 
tives, the Constitution requires that the votes shall be taken 
by States, the representation from each State 

(o) Voting {JS7). ' . ' . *\ _ . , 

having one vote. I here is a greater chance 
of an election, when there are three or more candidates, in 
this mode than by a mere representative vote according 
to numbers, as the same divisions would probably exist in 
the popular branch as in their respective States. 

The vote must be taken by ballot. 

As a majority of all the States is necessary to a choice, 
it might so happen that the House of Representatives 
would be unable to elect a President. For instance : were 
there three candidates before the House, one might receive 
the votes of nineteen States, arid the other two the votes 
of thirteen States each ; in which case there would be no 
choice, as neither would have a majority of all the States. 
The House might continue to vote with the same, or 
nearly the same, result until the fourth day of the next 
March, at which time the House would lose jurisdiction 
of the subject, and could vote no longer. 

The Constitution makes provision for precisely this con- 
dition of things. The following would be the result : — 

" And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of the 
death, or other constitutional disability, of the President." 

It will be seen, in considering the election of the Vice- 
President, that no probable contingency can arise to prevent 
the election of that officer. 



EXECUTIVE. 211 



Questions. 

25. What if no candidate is elected by this process? 

26. What is a quorum for election in the House? 

27. Why are so many required for a quorum ? 

28. To whom is the election in the House confined ? 

29. Why is this so ? 

30. How are the votes taken? 

31. How many votes are necessary to a choice? 

32. How long may the House continue to vote if they do not sue- 

ceed in electing a President ? 

33. What if the House finally fail to elect? 



LESSON LIX. — EXECUTIVE, Continued. 

Before the President enters on the execution of his office, 
he is required to solemnly swear or affirm that he will 
faithfully execute the duties thereof, and, Y . Oathof 
to the best of his ability, preserve, protect, office (62). 
and defend the Constitution of the United States. 

Mr. Justice Story says, " This is a suitable pledge of his 
fidelity and responsibility to his country, and creates upon 
his conscience a deep sense of duty, by an appeal at once, 
in the presence of God and man, to the most sacred and 
solemn sanctions which can operate upon the human 
mind." 

The Constitution says, " The President and Vice-Presi- 
dent, and all civil officers of the United V i. sowremov- 
States, shall be removed from office on able (67). 
impeachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors." 

This subject has been noticed in treating of the Senate 
of the United States (see the author's larger work, Analy- 
sis of Civil Government). 



212 CIVIL GOVERNMENT. 

The Constitution says, " The President shall, at stated 
times, receive for his services a compensation, which shall 
neither be increased nor diminished during 
the period for which he shall have been 
elected; and he shall not receive within that period 
any other emolument from the United States, or any of 
them." 

Without this clause, the Executive would be dependent 
for his support on the will of Congress. By securing their 
favor, his salary might be greatly enlarged ; and, by incur- 
ring their displeasure, it might be greatly diminishedo His 
salary cannot be changed during his term of office 

From the beginning of the Executive office under our 
government to the close of President Grant's first term, 
1873, the salary was twenty-five thousand dollars a year. 
From the commencement of his second term, March 4, 1873, 
it has been fifty thousand, and will probably permanently 
remain at that sum. In addition to his salary, which is 
fixed by law of Congress, he has the use of the White 
House, as the presidential mansion is called. It is also 
furnished for him and taken care of, the grounds cultivated, 
bis fuel and light provided, and many other things at the 
expense of the public treasury. 

Questions. 

34. What is the President's oath of office ? 

35. What does Judge Story say about this oath? 

36. How is the President removable? 

37. What is the constitutional provision about his salary? 

38. What is the advantage of this provision ? 

39. What was the salary until President Grant's second term, and 

what is it now ? 

40. What is furnished him besides his money salary? 



EXECUTIVE. 213 



LESSON LX.— EXECUTIVE, Continued. ■ 

The Constitution says, "The President shall be com- 
mander-in-chief of the army and navy of the United 
States, and of the militia of the several VIIIg rowers 
States when called into the actual service and Duties. 
of the United States." *' Militar y W° 

It is not to be inferred from this clause of the Constitu- 
tion that the President is actually to take command in 
person in case of war. This is not the intention, though 
he has the power were he so disposed. It might be proper 
that the President should actually place himself at the 
head of an army in the field, were he known to be an 
experienced and skillful military commander. 

He is the head of the army in the same sense that he is 
the head of the nation. He may control its general oper- 
ations and movements. He directs the application of the 
military force in the execution of the laws, in maintaining 
peace at home, and in resisting foreign aggression. These 
duties are of an executive character, and are properly 
vested in the President, that unity of plan, promptitude, 
activity, and decision may be secured. 

For the same reasons, the Executive is made commander- 
in-chief of the militia of the several States when called 
into the actual service of the United States. In order 
that there may be unity of action, uniformity of training 
and discipline, and concert of purpose, it is necessary that 
regulars and militia should be subordinate to a single head. 

The Constitution says, "He may re- «>. civil. 
quire the opinion in writing of the prin- ( a ) Departments 
cipal officer in each of the executive depart- 
ments on any subject relating to the duties of their respec- 
tive offices." 



214 CIVIL GOVERNMENT. 

The Constitution says, " He shall have power to grant 
(6) Reprieves and reprieves and pardons for offenses against 

Pardons {63). t h e United States, except in cases of im- 
peachment." 

A reprieve is the temporary suspension of the execution 
of sentence, especially the sentence of death. A pardon 
is the remission of a penalty, and a release of the offender 
from punishment. Reprieves may become necessary or 
expedient on account of doubts of guilt, arising from the 
discovery of new testimony after sentence and before 
execution; or considerations of public policy may require 
a like interference. The same reasons might justify the 
grant of a full pardon. 

Discretionary power over such cases should be vested 
somewhere, "as the law cannot be framed on principles 
of compassion." The chief executive magistrate should 
be allowed to hold a court of equity in his own breast, to 
soften the rigor of the general law in such criminal cases 
as may merit an exemption from punishment, or as may 
properly plead for temporary delay of execution of sen- 
tence. 

There is no power under our government to extend 
pardon to a person convicted on impeachment. 

The Constitution says, " He shall have power, by and 
with the advice and consent of the Senate, 

(c) Treaties (64). 

to make treaties, provided two thirds of 
the senators present concur." 

The definition of treaty will be found in the chapter on 
the "Senate of the United States." 

In forming treaties, the entire plan, with all its condi- 
tions and stipulations, is settled through the President on 
the part of the United States. He acts through ambas- 
sadors and foreign ministers duly accredited by our govern- 
ment, or commissioners specially appointed for the purpose. 



EXECUTIVE. 215 

The entire proposed treaty is submitted to the Senate 
by the President. The Senate discusses it in secret session. 
No treaty can be complete, on the part of our government, 
until ratified by the Senate. 



Questions. 

4ic What is the President's military position? 

42. In what sense is he the head of the army ? 

43. What may he require of department officers ? 

44. What power has he over reprieves and pardons? 

45. What are they ? 

46. When may they become necessary ? 

47. What is said of pardon in cases of impeachment? 

48. What power has the President over treaties ? 

49. What is a treaty ? 

50. Who settles the plan of treaties on the part of government? 

51. Through whom does he act? 

52. What is necessary to the completion of a treaty? 



LESSON LXI. — EXECUTIVE, Continued. 

The Constitution says, " He shall nominate, and, by and 
with the advice and consent of the Senate, shall appoint, 
ambassadors, other public ministers, and ^i) Appoint- 
consuls, judges of the Supreme Court, and nients i 64 ) i 65 )- 
all other officers of the United States whose appointments 
are not herein otherwise provided for, and which shall be 
established by law." 

When nominations are made by the President, they are 
presented to the Senate in writing ; and this body acts 
upon them in secret session, and under the injunction that 
discussions on their merits or the qualifications of the 
nominees shall be kept secret A majority of the Senate 



2l6 CIVIL GOVERNMENT. 

decides the question of confirmation or rejection of the can- 
didate nominated. 

If the nominee is confirmed, or the nomination ratified, 
the President issues a commission accordingly, unless, in 
the mean time, he has concluded to decline it, which he is 
at liberty to do ; in which case, he may make another 
nomination. 

An ambassador is a minister of the highest rank, employed 
by government to represent it, and to manage its interests 
at the court or seat of government of some other power. 

The word " minister," as used in the Constitution, has 
nearly the same signification as " ambassador," especially 
" minister plenipotentiary.'' 

A consul is a person commissioned to reside in a foreign 
country, as an agent or representative of a government, to 
protect the rights, commerce, merchants, and seamen of the 
State, and to aid in any commercial, and sometimes in dip- 
lomatic, transactions with such foreign country. 

The judges of the Federal courts are the judicial officers, 
and are the only ones under our government whose appoint- 
ments are for life, or during good behavior. 

The other officers include the heads of the several exec- 
utive departments, and constitute what is called the Presi- 
dent's cabinet. They are the secretary of state, secretary 
of the treasury, secretary of war, attorney-general, postmas- 
ter-general, secretary of the navy, secretary of the interior, and 
secretary of agriculture. They also^include military officers 
and many minor civil officers. 

The President is also authorized to make special ap- 
pointments to fill vacancies : — ■ 

" The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end of their 
next session." 



EXECUTIVE. 217 

The clerks, letter carriers, and other minor civil officers 
have become so numerous that Congress in 1885 author- 
ized the President to appoint a Civil Service Commission, 
which aids him in making rules governing appointments, 
and manages the examination of applicants for office. 

The Constitution says^ " He shall from time to time give 
to the Congress information of the state 

& . (c) Messages {66). 

of the Union, and recommend to tneir 

consideration such measures as he shall judge necessary 

and expedient." 

Under this clause the practice originated, and has con- 
tinued, of delivering formal messages, annual and special, 
to Congress. The President has means of information on 
all subjects, foreign and domestic, far superior to those be- 
longing to any other branch of the government. 

On account of his intimacy with the heads of depart- 
ments, he may be presumed to be in possession of valuable 
information regarding the workings of the laws, the systems 
of trade, finance, and the operations of the judiciary, mili- 
tary, naval, and civil establishments of the Union. He is 
therefore qualified to communicate information on these 
subjects in the most practical form, and to recommend such 
measures as may be necessary for the correction of any 
defects which may have become apparent. 

Questions. 

53. What control has the President over appointments ? 

54. How does he present his nominations to the Senate? 

55. How does the Senate act upon them? 

56. What is an ambassador? 

57. What is a minister? 

58. What is a consul? 

59. What is said of judges of the Supreme Court? 

60. What are the other officers whom the President may nominate 

and appoint ? 

61. When may the President fill vacancies? 



2l8 CIVIL GOVERNMENTS 

62. What is the constitutional provision about messages? 

63. What practice has grown out of this provision? 

64. What are the President's means of information on the state of 

the Union ? 



LESSON LXIL — EXECUTIVE, Continued. 

The Constitution says, " He may, on extraordinary occa- 
sions, convene both Houses, or either of them ; and, in case 
of disagreement between them with respect 

(/) Congress o - & . ' r 

to the time 01 adjournment, he may ad- 
journ them to such time as he shall think proper." 

Events may occur, entirely unforeseen by the 'Congress 
at its last session, imperiling the interests of the country, 
1st, Convocation and requiring the immediate convocation of 
(66)0 th a t k oc ly # A n event of this kind trans- 

pired in the month of April, 186 1, from the date of which 
hostilities became general between the North and the South. 
President Lincoln summoned Congress to meet the fourth 
day of the following July. 

The power to call a meeting of Congress must be vested 
somewhere; and that it should be committed to the dis- 
cretion of the Executive, all agree. 

It might be barely possible that Congress should fail to 
agree on the time of adjournment ; and, should such an 
2d, Adjournment exigency arise, the Executive seems the 
(66)> most suitable third party to interfere for 

the peaceable termination of the controversy. In England 
the sovereign convenes and prorogues the Parliament. 

When a bill passes both Houses of Congress, it is pre- 
sented to the Executive for his signature. Should he 
approve it, he sieris it : but if not, he returns 

3d, Veto (24) (25). FF ' . » > '„ 

it, with his objections, to the House m 
which it originated. These objections are called the Pres- 
ident's veto. 



EXECUTIVE. 219 

But his veto is not absolute, only qualified : for, if it 
shall be repassed by a vote of two thirds of each House, 
it becomes a law notwithstanding the President's objec- 
tions (see Paragraphs (24) and (25) of the Constitution). 

The Constitution says, " He shall receive 

((/) Reception (66). 

ambassadors and other public ministers." 

The reception of ambassadors and other public ministers 
is a recognition of the national character and standing of 
the countries which they represent. Their reception may 
therefore become a very nice and delicate question with 
the Executive. 

The Executive is not obliged to receive an ambassador 
or public minister, even though he comes clothed with 
proper authority from a nation with whom we are at peace, 
and which is recognized among the great family of nations. 

Although it requires the assent of the Senate, when 
that body is in session, to send an American minister to a 
foreign court, it does not require their assent to receive 
foreign ministers at our own capital. In such cases the 
President is the sole organ of recognition (see author's 
Analysis of Civil Government}. 

The Constitution says, " He shall take care that the laws 
be faithfully executed." ^ jExeciitor of 

This clause makes it the duty of the the L ™ s i™)- 
President faithfully to execute the laws of Congress. When 
a law has been passed by all the forms of legislation, he 
has no discretion. He must not only render obedience to 
the law himself, but must enforce its execution on all others. 
Were he to refuse, he would be guilty of a high misde- 
meanor, and might be removed from office by impeach- 
ment, and otherwise punished according to law. 

He has ample power to execute the laws, as, for this 
purpose, the whole military force of the country is at his 
command, and under his control. 

Short C.7. Gov.— 15 



220 CIVIL GOVERNMENT. 

The Constitution says, "He- shall commission all officers 
(i) commissions of the United States." 

( 66 )* A commission is a formal certificate of 

appointment issued by the proper authority. In this case, 
it is signed by the President of the United States, and 
sealed by the secretary of state with the great seal of the 
United States. The commission recites the powers con- 
ferred, with definite certainty; and it is usually delivered 
to the person whose appointment is made by it, though 
delivery is not necessary to the validity of the appointment 

Questions. 

> 

65. What does the Constitution say about the President adjourn- 

ing and convening Congress? 

66. Why should this power be vested in the President? 

67. What, is said of his veto power ? 

68. What is said about the reception of foreign ministers? 

69. Why should this duty be assigned to the President? 

70. What if the President should decline to execute the laws ? 

71. What power has he to execute them? 

72. What is a commission? 

73. Who commissions the officers of the United States? 



BLACKBOARD EXERCISE. 



Vice-President. 



I. Eligibility ....... (57) 

IL Election. 

i. In Congress * . . . • «, (57) 

2. i/z Senate (57) 

III. 0dri4 <?/ Q^v? . . . . . . (84) 

IV. Term . (55) 
V. Powers and Duties. 

i. President of the Senate . . . (11) 

2. Acting President of the' United States (60) (57) 



221 



CHAPTER XX. 

LESSON LXIIL— VICE-PRESIDENT. 



The Constitution says, " No person constitutionally ineli- 
gible to the office of President shall be 

I. Eligibility (57). ' ., , . > ,_. _ . , 

eligible to that of Vice-President of the 
United States." 

If the Executive office becomes vacant, the Vice-Pres- 
ident performs the duties thereof. He should therefore 
have the same qualifications as President. These are, that 
he must be a natural-born citizen, or a citizen of the 
United States at the adoption of the Constitution ; that 
he must be thirty-five years of age ; and that he must have 
been fourteen years a resident within the United States. 

Four times in our history has a Vice-President been 
called to serve out an unexpired term of the presidential 
office. William Henry Harrison, President, died April 4, 
1 841 : John Tyler, then Vice-President, succeeded to the 
duties of the Executive office. Zachary Taylor, President, 
died July 9, 1850: he was succeeded by Millard Fillmore, 
then Vice-President. Abraham Lincoln died April 15, 
1865, having been assassinated : he was succeeded by the 
Vice-President, Andrew Johnson. President James A. 
Garfield died Sept. 19, 1881 ; and Vice-President Chester 
A. Arthur took the oath of office as President on the fol- 
lowing day. 

The Constitution says, " The person having the greatest 
222 



VICE-PRESIDENT. 2 23 

number of votes as Vice-President shall be the Vice-Pres- 
ident, if such number be a majority of the whole number 
of electors appointed : and if no person 

. , : , , . , H. Election. 

have a majority, then, from the two highest 
numbers on the list, the Senate shall choose the Vice- 
President : a quorum for the purpose shall consist of two 
thirds of the whole number of Senators ; and a majority of 
the whole number shall be necessary to a choice." 

The first part of this constitutional clause refers to the 
counting of votes and other proceedings in Congress. If 
no person receives a majority of the elect- i o j n congress 
oral votes as Vice-President, of course the ^)- 

people have failed to elect that officer. The election must 
now go to the Senate of the United States. 

As just stated, if no person receives a majority of the 
electoral votes, the Senate is to choose the Vice-President 
from the two highest numbers on the list as 

„. r , m r™ • i 2. In Senate (57). 

candidates for that office. This renders it 

improbable that the Senate should fail to elect that officer. 

As the Vice-President is the President of the Senate, it 
seems proper that the Senate should elect this officer in 
case of failure to elect by the electors. 

The Senate has chosen but one Vice-President in our 
history. This was Richard M. Johnson, in 1837. 

Questions. 

1. To what office must the Vice-President be eligible? 

2. Why should this be so ? 

3. What are the three conditions of eligibility? 

4. How many times, and in what instances, has the Vice-President 

been called to the presidential office ? 

5. In what two ways may the Vice-President be elected? 

6. To what candidates is the Senate confined in its choice ? 

7. Why is it proper that the Senate should elect this officer? 

8. What Vice-President was elected by the Senate? 



224 CIVIL GOVERNMENT. 



LESSON LXI V. — VICE-PRESIDENT, Continued. 

The Vice-President is among the officers required to 
in. Oath of take the oath or affirmation, before enter- 
office (84). j n g on t h e duties of his office, to support 
the Constitution of the United States. 

The official term is four years. The same reasons that 
governed in fixing the presidential term at 

IF. Term {55). ° & . *' ■ ' 

lour years apply with equal force to the 
term of the Vice-President. 

The Constitution says, "The Vice-President of the United 
States shall be president of the Senate, but 

V. Powers and 

Duties. shall have no vote unless they be equally 

1. President of divided " 
the Senate (11). 

The duties of the Vice-President as 
president of the Senate are such as usually devolve on the 
presiding officer of legislative bodies. He is to preside 
over the deliberations of the Senate, enforce the rules of 
order, maintain due decorum among the members, and 
decide all questions of parliamentary practice. 

The speaker of the House of Representatives has the 
appointment of standing committees ; but the president 
of the Senate does not, as he is not a member of that body. 

He submits all questions, duly made, to the Senate, puts 
to vote all questions brought forward for discussion and 
decision, and makes known the result. 

The Constitution says, " In case of the removal of the 
President from office, or of his death, resig- 

2. Acting JPresi- . ..... .. 

dent of the nation, or inability to discharge the powers 
united states an d duties of the said office, the same shall 

devolve on the Vice-President." 
He is also to act as President, if the House of Represen- 
tatives shall fail to elect that officer when the right of 
choice shall devolve on them. 



VICE-PRESIDENT. 225 

When the Vice-President acts as President, which has 
been the case several times in our history, he has uni- 
formly been recognized as President by both Houses of 
Congress (see Analysis of Civil Government, by the author). 

Questions. 

9. What is the nature of the Vice-President's oath of office ? 

10. How long is the term of the Vice-President, and why? 

11. What are the powers and duties of the Vice-President? 

12. Wherein do his duties differ from those of the speaker of the 

House? 

13. In what cases do the duties of the Executive devolve on the 

Vice-President ? 

14. In such cases, what is his title of office ? 



BLACKBOARD EXERCISE. 



Judicial. 






I. Where vested. 








i. Supreme Court . 


• 


• « 


, (68) 


2. Inferior Courts . 


• 


• « 


. (68) 


I. Judges. 








i. How appointed. 








(a) President 


e 


• • 


(64) 


(b) Senate 


e 


• 


. (64) 


2 Cte$ <?/* Q^fo? ., 





• • 


(«*) 


3. Tenure of Office . 


a 


e e 


• (68) 


4. Zfoz£> removable 


• 


• 


(67) 


5. Salary. 


• 


• • 


• (68) 


I. Jurisdiction. 








1. Limitation . 


• 


• 


. (69) 


2. Original. 


• » 


• • 


(70) 


3. Appellate 


. 


• • 


• (70) 



226 



CHAPTER XXL 

LESSON LXV.— JUDICIARY 



To establish justice was one of the principal objects, as 
expressed in the Preamble, to be secured by the adoption 
of the present Constitution of the United Necessityofa 
States : hence it was necessary to create a National judi- 
national judiciary. A government having ctary. 

no judiciary that commands the respect of the people is 
wanting in one of the essential elements of stability. 

There was no national judiciary under the Confederation; 
and, of course, there were no national courts. The only 
courts were State tribunals. The State Legislatures often 
passed laws favoring their own respective localities, and 
State courts were too ready to disregard the decisions of 
coordinate tribunals of neighboring States. 

Treaties formed between the Confederation and foreign 
nations were recklessly disregarded by the State Legisla- 
tures as well as by the State courts. In several instances 
this open disregard of the plighted faith of the nation threat- 
ened to involve the whole country in war. 

Laws were passed by the State Legislatures, in many in- 
stances, in open defiance of the sacredness of private con- 
tracts between man and man. Remedies for the recovery 
of debts were suspended. Debtors were authorized to ten- 
der any sort of property, even though nearly worthless, in 
payment of debts that had been contracted to be paid in 
money. 

2 2 7 



228 CIVIL GOVERNMENT. 

Insolvent laws were enacted by some of the States, the 
effect of which, when applied to the relations of debtor 
and creditor, practically amounted to a complete discharge 
of .indebtedness without consideration. 

Laws were also passed making the most unjust and 
invidious distinctions in favor of the citizens of the States 
enacting them, and against foreigners and citizens of 
neighboring States. In fact, the American judiciary be- 
came a matter of contempt at home and of burlesque 
abroad. 

There were other evils that called loudly for remedy. 
Some related to the welfare of our foreign commerce, 
some to the conflict of interests between citizens of differ- 
ent States, some to the relief of foreigners who had given 
credit to our citizens ; others related to territorial disputes 
between different States, and still others to titles of lands 
under grants from different States. 

So loose and reckless had the legislative and judicial 
administration of affairs become, that it was conceded by 
all parties, that, unless some effectual remedy were applied, 
our political institutions must crumble into ruins. 

Questions,, 

i. What was one of the objects of the Constitution ? 

2. What necessity did this create ? 

3. What is said of a government having a feeble judiciary? 

4. What kind of courts were under the Confederation ? 

5. What did the State Legislatures and State courts do ? 

6. What was the result ? 

7. What danger appeared? 

8. What kind of State laws were passed? 

9. How did these affect creditors? 

10. What distinctions were made in some of the State laws ? 

11. What other evils existed, arising from a defective judiciary? 

12. What was the opinion of all political parties of that day? 



JUDICIARY. 229 



LESSON LXVL — JUDICIAL. 

The Constitution says, " The judicial power of the United 
States shall be vested in one Supreme 

I Where Vested 

Court, and in such inferior courts as the 

Congress may from time to time ordain and establish." 

The Supreme Court is a part, and only a part, of the 
national judiciary. It is established by the 1. supreme court 
Constitution, but organized by Congress. ( 68 )> 

The judges of the Supreme Court at present are one 
chief justice, and eight associate justices, any six of whom 
constitute a quorum. 

Ever since this court was organized, September, 1789, 
it has had a chief justice ; but the number of associate 
justices has been varied several times by acts of Congress. 
At first the number was fixed at five; March 3, 1837, at 
eight] March 3, 1863, at nine; April 10, 1869, at eight, 
the present number. 

This court holds one term a year in the city of Wash- 
ington, beginning on the second Monday in the month of 
October. 

The establishment of inferior tribunals would seem to 
result necessarily from the establishment #. inferior courts 
of a Supreme Court. Recourse could not i. 68 )- 

be had to the Supreme Court in all cases which might 
properly be subjects of Federal adjudication. 

It would be out of the power of any single court to dis- 
pose of the immense amount of business that would be 
sure to demand their attention. Without inferior tribunals 
easy of access, the sanctuary of justice would be closed to 
the great majority of American citizens. 

Under the authority to establish inferior tribunals, each 
State or district can have a Federal court or courts compe- 



230 CIVIL GOVERNMENT. 

tent to the adjudication of all matters of Federal jurisdic- 
tion within its limits. 

The United States are divided, for judicial purposes, into 
nine circuits, and these circuits into about seventy districts. 
Each judge of the Supreme Court is allotted to a circuit, 
and is required to attend at least one term of the circuit 
allotted to him once in every two years. Two or three 
circuit judges are appointed for each circuit, and a district 
judge for each district, wherein they hold circuit and dis- 
trict courts. 

In each circuit there is also a circuit court of appeals, 
consisting of three judges, of whom two constitute a quorum. 
There are no judges appointed specially for this court. The 
justice of the Supreme Court, and the circuit and the district 
judges, can sit in it. 

These three kinds of courts, together with the courts in 
the District of Columbia, are, in the constitutional sense, 
inferior courts. 

Thus there are five classes of Federal courts : — 

1. The Supreme Court of the United States, established 
by the Constitution, but organized by Congress. 

2. The circuit courts of appeals, established and organized 
by Congress. 

3. The circuit courts of the United States, established 
and organized by Congress. 

4. The district courts of the United States, established 
and organized by Congress. 

5. The courts of the District of Columbia, also estab- 
lished and organized by Congress. 



JUDICIARY. 231 



Questions. 

1. Where is the judicial power vested? 

2. What is the Supreme Court ? 

3. How established and organized? 

4. How many judges of the Supreme Court ? 

5. When and what have been the changes as to justices ? 

6. When and where does the court hold its term ? 

7. What is the necessity of inferior courts? 

8. How is the United States divided for judicial purposes ? 

9. Who preside over circuit and district courts ? 

10. How many circuit courts of appeals, and by whom are they 

held? 

11. What are the inferior courts? 

12. How many and what classes of Federal courts ? 



LESSON LXVIL — JUDICIAL, Continued. 

The mode of appointing the judges has been noticed in 
treating of the Executive powers. The power is expressly 
given to the President in the Constitution, TT T , 

} JLl. Judges. 

by and with the advice and consent of i. Hoiv appointed 

the Senate, to appoint the judges of the 4 ^ 

Supreme Court ; but nothing is said therein about the 
method of appointing the judges of the inferior courts. As 
the judges of circuit have concurrent powers with the 
justices of the Supreme Court in their circuits, there is no 
question with regard to them. 

But whether the judges of the district courts, and the 
supreme court of the District of Columbia, are inferior 
officers in "the constitutional sense, so that Congress may 
provide for their appointment, has never been settled by 
adjudication. But thus far the uniform practice has been 
to regard them not as inferior officers ; but their appoint- 
ments have been made by the President, with the concur- 



232 CIVIL GOVERNMENT. 

rence of the Senate, the same as judges of the Supreme 
Court. 

The oath of office of all Federal judicial officers is the 
same as that of officers of the other departments of govern- 
2. oath of office ment ; that is, that they will support the 
(* 4 )- Constitution of the United States, and, to 

the best of their ability, perform the duties of their respec- 
tive offices. 

For reasons well known to the experienced lawyer and 

3. Tenure of jurist, the tenure of office of the judges 
Office (68). should be made permanent and secure, 
depending only on their good behavior. 

When the Constitution was before the people for their 
consideration, one of the most gifted statesmen of that day 
gave his views on this subject in the following language : — 

" 1 st, That they may be independent and fearless in the 
discharge of their responsible duties, it is necessary that 
they should hold by the will of no man, or set of men. 
They must feel dependent on no earthly power for their 
continuance in office. After appointment, were they in 
any manner dependent on executive, legislative, or pop- 
ular favor, the scales of justice might be doubtfully bal- 
anced, and confidence in the judiciary would be seriously 
disturbed. 

"2d, This independence could hardly be expected from 
judges who hold their offices by a temporary tenure. 
Periodical appointments, however regulated, or by whom- 
soever made, would be fatal to their necessary independ- 
ence. 

"3d, If the power of making them were committed either 
to the Executive or Legislature, there would be danger of 
an improper complaisance to the branch which possessed 
it ; if to both, there would be an unwillingness to hazard 
the displeasure of either ; if to the people, there would be 



JUDICIARY. 233 

too great a disposition to consult popularity, to justify a 
reliance that nothing would be consulted but the Constitu- 
tion and the laws." 

The subject of removal of Federal officers by impeach- 
ment has been fully considered in other 4. sow remova- 
places in this work. The judges of the Me (67). 
Supreme and inferior courts are subject to removal for 
impeachable offenses. 

Provision is wisely made, that, as the judge's salary is at 
the time he enters on the duties of his office, so it shall 
continue to be throughout his official ex- 

5. Salary (68), 

istence, unless Congress shall see fit to 
increase it : in other words, it cannot be diminished. To 
allow the legislative authority to diminish the salaries of 
the judges would be to give that authority control over 
their support ; and to control their support is to control 
their will. 

The salary of the chief justice is ten thousand five 
hundred dollars a year ; that of the associate justices, ten 
thousand dollars each. 

The Constitutional provision in reference to this subject 
is as follows : — 

" The judges, both of the Supreme and inferior courts, 
shall hold their offices during good behavior; and shall 
at stated times receive for their services a compensation, 
which shall not be diminished during their continuance in 
office." 

Questions. 

13. By whom are the judges of the Supreme Court appointed ? 

14. By whom are the judges of the other courts appointed? 

15. What is their oath of office ? 

16. What is their tenure of office? 

17. What reasons are given by an eminent statesman for this? 



234 CIVIL GOVERNMENT. 

18. How are the judges removable? 

19. What is said about the salaries of the judges ? 

20. What is the amount of each ? 



LESSON LXVIIL— JUDICIAL, Continued. 

The Constitution says, " The judicial power shall extend 

to all cases in law and equity arising under 

' Hon. this Constitution, the laws of the United 

1. Limitation States, and treaties made, or which shall be 

made, under their authority." 

This clause defines the entire jurisdiction of the judiciary 
of the United States, so far as it relates to subject-matter. 
By judicial power, as here used, we are to understand the 
power of the national courts in the administration of justice. 
The word " power " refers to jurisdiction, or the authority 
of the court. 

The subject-matter of a cause in court is the thing or 
question to be decided : the parties are the persons or cor- 
porations legally interested in the decision of the court on 
the subject-matter. 

" The word ' law ' is generally understood, as defined by 
law-writers, to be the supreme power of the State, through 
its Legislatures, commanding what is right and prohibiting 
what is wrong. 

"The word 'equity/ as applied to judicial proceedings, 
does not mean contrary to law, but it reaches cases to 
which the law cannot be applied by reason of its univer- 
sality. 

"The object of equity jurisprudence is to supply the 
deficiencies of the courts of law, and to render the admin- 
istration of justice more complete, by affording relief 
where the courts of law, in consequence of imperfections 
of their machinery, or of their too rigid adherence to 



JUDICIARY. 235 

peculiar forms, are incompetent to give it, or to give it 
with effect." 

Jurisdiction is of two kinds, — original and appellate. 

Original jurisdiction is jurisdiction of a cause from its 
beginning. If a party can begin his suit in the Supreme 
Court, for instance, we say the Supreme Court has original 
jurisdiction in the case. If he cannot bring his case into 
that court until it has been first tried in some lower court, 
then we say the Supreme Court has appellate jurisdiction. 

Some kinds of causes can be commenced in either of two 
different courts. Such courts, in such cases, are said to be 
courts of concurrent jurisdiction ; that is, either court has 
jurisdiction of such a cause. If there is but one court in 
which a case can be brought, that court is said to have ex- 
clusive jurisdiction. 

The Supreme Court of the United States has original or 
appellate jurisdiction in all cases arising under the Consti- 
tution and laws of the United States, and under treaties, 
except certain classes of cases, which can be appealed only 
to the circuit court of appeals. 

Questions. 

21. What is the extent of the judicial power? 

22. What is meant by judicial power as here used? 

23. What is the subject-matter? 

24. What is the meaning of the word " law " ? 

25. What is the meaning of " equity" h 

26. What is the object of equity jurisprudence ? 

27. How many kinds of jurisdiction, and what is each ? 

28. What is concurrent jurisdiction? 

29. When is a court said to have exclusive jurisdiction? 



Short, Civ. Gov.— 16 



236 CIVIL GOVERNMENT. 



LESSON LXIX.— JUDICIAL, Continued. 

By constitutional provision the Supreme Court has origi- 

2. Original nal jurisdiction in the following cases: — 

Jurisdiction 1. In all cases affecting ambassadors, 
other public ministers, and consuls. 

2. Those in which a State shall be a party. 

The last include controversies, — 

1st, Between two or more States ; 

2d, Between a State and the citizens of another State ; 
and, 

3d, Between a State or the citizens thereof, and foreign 
states, citizens, or subjects. 

In all the foregoing classes of cases, suits may be com- 
menced in the Supreme Court. 

But by the Eleventh Article of Amendment to the 
Constitution, 

"The judicial power of the United States shall not be 
construed to extend to any suit in law or equity com- 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign state." 

How is a person to obtain relief, then, in case he has a 
claim against a State ? In the first place, it is presumed 
that no wise government will withhold justice from its 
citizens. The citizen to whom the State may be indebted 
can petition the Legislature direct for redress, unless some 
other means have been instituted by the State. 

Again, in some of the States, courts of claims have been 
established for the same purpose, into which the citizen 
can bring his claim, by petition or otherwise, for adjudica- 
tion ; and, if he shows the State to be indebted to him, 
the Legislature will make provision for payment. 

In 1855 a court of claims was established, by act of 



JUDICIARY. 237 

Congress, to hear and determine claims against the United 
States. The demand is presented to the court by petition, 
setting forth specifically its origin and nature; and the 
party is allowed to' prove it by the same rules of evidence 
as are usually adopted in courts of justice. If a claim 
is established, Congress makes provision for its payment. 
An attorney, called the solicitor of the United States, 
appears in behalf of the government before this court. 

Questions. 

30. In what cases has the Supreme Court original jurisdiction? 

31. What restrictions are included in the Eleventh Article of 

Amendment? 

32. How is relief to be obtained against a State ? 

33. When, and for what purpose, was a court of claims established ? 



LESSON LXX. — JUDICIAL, Continued. 

By the Constitution the Supreme Court has appellate 
jurisdiction, both as to law and fact, with 3 Appellate 
such exceptions, and under such regula- Jurisdiction 
tions, as Congress shall make, )# 

1st, In all cases of admiralty and maritime jurisdiction. 

2d, In controversies to which the United States shall 
be a party. 

3d, Between citizens of different -States. 

4th, Between citizens of the same State claiming lands 
under grants of different States. 

What is meant by appellate jurisdiction has already 
been explained. By cases of admiralty and maritime 
jurisdiction, reference is had to the power to try and 
determine, on appeal, all causes originating on the high 
seas, or on rivers, ports, or harbors communicating with 
the sea, and out of the reach of ordinary courts of justice. 



238 CIVIL GOVERNMENT. 

Admiralty causes must arise wholly on the sea or on 
waters immediately communicating with the sea, and not 
within the jurisdiction of any country. On the high seas, 
all nations claim a common right and a 'common jurisdic- 
tion ; and therefore causes originating there should come 
exclusively under the jurisdiction of the national courts. 

They cannot be brought, however, in the first instance, 
into the Supreme Court of the United States, but may be 
appealed into that court, or into the circuit court of appeals, 
after having been commenced and tried by a lower court of 
the United States, which, by a law of Congress, is an ad- 
miralty court. ' 

The subjects for adjudication which properly come into 
courts of admiralty are, captures in war made on the 
high seas, captures in foreign ports and harbors, captures 
made on land by naval forces, and captures made, in the 
rivers, ports, and harbors of the captor's own country. 

If an American, commissioned with letters of marque 
and reprisal, shall make captures as aforesaid, it is his 
duty to bring them into the court for adjudication. If 
the court shall decide that the things in controversy were 
lawfully captured, and according to the usages of war and 
law of nations, they are awarded to the captors. If the 
decision is that they were unlawfully seized, they will be 
awarded to the owners, with damages for detention. 

The ordinary admiralty and maritime jurisdiction also 
embraces all civil and criminal cases of a maritime nature. 
The district courts of the United States, how 7 ever, as courts 
of admiralty and maritime jurisdiction, are limited to the 
trial of crimes and offenses for which but moderate pun- 
ishment is inflicted. The graver and higher crimes are 
referred to the circuit courts as courts of admiralty. 

Controversies in which the United States shall be a 
party are to be adjudicated in the Federal courts. Cases 



JUDICIARY. 239 

in which the whole people are interested should not be 
left to the decision of a State court. The United States 
must bring suit, however, in the first instance, in the in- 
ferior courts, — that is, in the district or circuit courts, — 
and cannot reach the Supreme Court except by appeal. 

" Unless this power were given to the United States, 
the enforcement of all their rights, powers, contracts, and 
privileges, in their sovereign capacity, would be at the 
mercy of the States. They must be enforced, if at all, in 
the State tribunals. Not only would there be no compul- 
sory power over those courts to perform such functions, 
but there would be no means of producing uniformity in 
their decision." 

By act of Congress a citizen of one State may bring 
suit against a citizen of another in the circuit court of the 
United States in civil matters, provided the matter in 
controversy exceeds five hundred dollars exclusive of costs. 
An alien may sue or be sued in this court also for the 
same amount ; and these courts have original jurisdiction 
also in matters relating to the United States revenue and 
to patents, being cases that arise under the laws of the 
United States. In all these cases the circuit court of ap- 
peals has appellate jurisdiction. 

Controversies between citizens of the same State claim- 
ing lands under grants of different States must be adju- 
dicated in the United States courts. State courts can- 
not be supposed to be unbiased in cases of this nature. 
Claims to lands under grants of different States, founded 
on adverse pretensions of boundary, would almost forbid 
the possibility of judicial fairness, candor, and impartiality 
on the part of the State courts of either granting State. 

At first the Supreme Court had appellate jurisdiction in 
all cases brought before the inferior courts; but in time 
the appeals became so numerous that their decision was 



240 CIVIL GOVERNMENT. 

often delayed for several years. To relieve this pressure 
of business, Congress, in the exercise of its constitutional 
prerogative to regulate the appellate jurisdiction of the 
Supreme Court, created, in 189 1, the circuit court of appeals. 
This court has appellate jurisdiction only. Certain cases 
which formerly were appealed directly to the Supreme 
Court must now be appealed to the circuit court of ap- 
peals. Under certain restrictions and limitations, an 
appeal may be taken from this court to the Supreme 
Court. 

Questions. 

34. In what cases does the Supreme Court have appellate juris- 

diction ? 

35. By what power may this jurisdiction be restricted ? 

36. To what do cases of admiralty and maritime jurisdiction refer? 

37. Where must admiralty causes arise ? 

38. Why should these causes be confined to the national courts ? 

39. What are the subjects for admiralty courts ? 

40. What is the duty of an American who makes captures under 

letters of marque and reprisal ? 

41. What is the result of trial in such cases? 

42. What crimes may be tried in the district courts ? 

43. Where are the higher crimes tried ? 

44. Where are controversies to be tried to which the United States 

is a party, and why ? 

45. In what cases may a citizen of one State sue a citizen of another 

State in the circuit courts ? 

46. In what cases has the circuit court original jurisdiction? 

47. Why should controversies relating to lands claimed under 

grants of different States be referred to the Federal courts? 

48. What is said about the circuit court of appeals ? 



BLACKBOARD EXERCISE-. 





State Government. 


I. State Constitutions. 


i. 


Origin. 


2. 


Points of Agreement. 


3- 


Amendments. 


II. Legislative Department. 


1. 


Senate. 


• 


Assembly. 


3- 


Number of Memoers* 


4. 


Apportio?iment. 


5- 


Terms. 


6. 


Sessions. 


7- 


Qualifications. 


8. 


Disqualification. 


9- 


Presiding Officers. 


10. 


Committees. 


11. 


Extent of Powers. 


12. 


State Laws. 


i3- 


General and Special Laws. 


14. 


Enactment of Laws. 


*5- 


Election of United States Senators* 


III. Executive Department. 


1. 


Executive Officers. 




(a) Governor. 




(b) Lieutenant-Governor. 


2. 


Administrative Officers. 




(a) Secretary of State. 




(b) Comptroller. 




(c) Attorney- General. 




(d) Treasurer. 




(e) Other Officers. 



241 



242 CIVIL GOVERNMENT 

IV. Judicial Department, 

i . Court of Impeachment 

2. Appellate Courts. 

3. Supreme Courts. 

4. Terms of Office. 

V. Personal Rights. 

1. Bill of Rights. 

2. Citizenship. 

3. Suffrage. 

(a) Qualifications. 

(b) Residence. 

(c) Registrations. 

VI. Elections. 

1. District. 

2. Time. 

3. Place. 

4. Manner of voting, 

5 . Canvassing. 



CHAPTER XXII. 

LESSON LXXL - STATE GOVERNMENT. 



When the Thirteen Original Colonies, in 1776, by the 
Declaration of Independence, threw off their allegiance to 
the English Government, they became in- 1. state Constitu- 
dependent and sovereign States. For pur- tions. 

poses of common defense and greater security to their liber- 
ties, they entered into " a firm league of friendship," called 
the Articles of Confederation. In July, 1778, this compact 
had been ratified by all but three of the States (see Les- 
son III.). 

Previous to that date, each of the States, with the ex- 
ception of Massachusetts, acting as a free, sovereign, and 
independent State, had adopted a scheme 

r i t i - • lf Grig™* 

of government embodied in a written con- 
stitution. In 1780 Massachusetts adopted a constitution. 
These constitutions were, in the main, modeled on the old 
royal charters, such alterations being introduced as were 
rendered necessary by the change from a dependent to an 
independent condition. Under the Constitution of the 
United States, they remained in full force, except so far as 
they were modified by the higher law ; and they became the 
models for all State constitutions since adopted. 

Connecticut and Rhode Island simply substituted the 
name of the people of the State for the name of the king 
in their charters ; and these instruments continued in force, 
in the former State till 1818, in the latter till 1842. 

243 



244 CIVIL GOVERNMENT. 

The State constitutions, as now established, agree in 
recognizing the people as the only source of authority ; in 
2. Points of Agree- separating the three departments of gov- 

- men ** ernment, — Legislative, Executive^ and Ju- 

dicial ; in maintaining a republican form of government ; 
and in stating the personal and political rights of citizens. 

All the State constitutions provide for their revision and 

amendment. That of New York provides that at least 

every twenty years the question shall be 

3. Amendments. 

submitted to the electors of the State, 
" Shall there be a convention to revise the Constitution, and 
amend the same ? " Amendments may be adopted at any 
time by being passed by two successive Legislatures, pro- 
vided the second is the one chosen at the next general 
election of senators ; the amendments must then be ratified 
by the people. In other States the method is practically 
the same, though varied in detail. • 



LESSON LXXIL — STATE GOVERNMENT, Continued. 

The lawmaking powers of a State are vested in a Legis- 
lature, or General Assembly, consisting of two Houses, or 
independent bodies of legislators, elected 

II. legislative 

Department, by the people. The less numerous body is 
l.-senate. called the Senate, or Upper House: and 

2. Assembltj. rr ' 

the more numerous, the Assembly, the 
House of Representatives, the House of Delegates, or the 
Lower House. 

The ratio of the number of members in the Senate (or 

3. Number of Upper House) to the number of members in 

Members. the Assembly (or Lower House) is about 

one to three, though in some States the ratio is as large as 

one to eight. 1 

1 The ratio and the number of members vary greatly. For instance : in Del- 



STATE GOVERNMENT. 245 

The members of both these Houses directly represent the 
people of the State. The State is divided into senatorial 
districts and assembly or representative 

... ,,..... »ii 4' Apportionment. 

districts, each district being entitled to one 
or more representatives. The number of senators being 
less than the number of members of the Lower House, the 
number of senatorial districts is less, and the districts are 
larger than the assembly or representative districts. 

The representation is based on population, and the dis- 
tricts are supposed to contain as nearly as possible an equal 
number of inhabitants. In New England the members of 
the Lower House are apportioned among the towns. In 
several States the constitution requires that a census of the 
inhabitants shall be taken every tenth year, intermediate 
between the times of taking the United States census ; and 
that the Legislature, at its first session after such census, 
shall so alter the senatorial districts that each district " shall 
contain, as nearly as may be, an equal number of inhabit- 
ants ; " provided, however, that all districts shall " consist 
of contiguous territory," and that no county shall be divided 
unless it is equitably entitled to two or more senators. 

At the same time, the Legislature is required to appor- 
tion the members of the Assembly among the several coun- 
ties of the State in proportion to population. When a 
county is entitled to more than one assemblyman, the Board 
of Supervisors of such county is required to divide it into 
as many assembly or representative districts, consisting of 
" convenient and contiguous territory," as the county is en- 
titled to representatives in the Lower House. Each county 
is entitled to at least one member of the Lower House. A 

aware there are seventeen senators, and thirty-five members of the Lower 
House; in New Hampshire, twenty-four senators, and about three hundred 
members of the Lower House ; while in New York there are fifty senators, 
and one hundred and fifty assemblymen, which is about the average of the 
States. 



246 CIVIL GOVERNMENT. 

town cannot be divided in forming an assembly or repre- 
sentative district. 

The terms of office of senators vary in the different States 

from one to four years; in most States the term is four 

or two years. The terms of members of 

5. Terms. __ 

the Lower House m all but six States are 
two years. In New York the term of senators is two years; 
of assemblymen, one year. 

Georgia, Massachusetts, New Jersey, New York, 

Rhode Island, and South Carolina have each an annual 

session of the Legislature. In each of the 

6, Sessions. - . 

other States there is a session once m two 
years. In most of the States, too, the sessions are limited 
in length to a period of from forty to ninety days. The de- 
sign of these limitations is to restrict the power of the Legis- 
lature. 

The qualifications prescribed in nearly all of the State 
constitutions for a member of the Legisla- 

7. Qualifications. 

ture are, full age, citizenship, and a term 
of residence in the county or district. 

In many of the States there is a provision similar to the 
following, which is the law in New York : " No person shall 

8. nisquaiifi- be eligible to the Legislature who at the 

cation. j.j me f h| s election is, or within one hun- 

dred days previous thereto has been, a member of Congress, 
a civil or military officer under the United States, or an 
officer under any city government." The acceptance of any 
of these positions by a member vacates his seat. 

The presiding officer of the Senate is the lieutenant- 
governor, who is elected for the same term as the governor. 

9. Presiding He is not a member, and has no vote ex- 
Officers. ce pf- a casting vote. The Lower House 

elects its own presiding officer, who is called the speaker 
of the House. 



STATE GOVERNMENT. 247 

The committees of the Senate are generally appointed by 
a temporary presiding officer, called presi- 

10. Committees. 

dent pro tempore, elected by that body. 

The committees of the Lower House are appointed by the 

speaker. 



LESSON LXXIIL — STATE GOVERNMENT, Continued. 

The lawmaking bodies in the States are restricted by but 
two authorities, — the Constitution of the United States, 
and the State constitutions. Any law vio- llt Extent of 
lating the provisions of either may be Powers. 
declared unconstitutional by the courts, and therefore null 
and void (for the rights of States and State prohibitions, see 
Lessons XLIV.-L.). 

The principal matters upon which State Legislatures may 
make laws are the following : the government of counties, 
cities, townships, and school districts ; the 

• 12. State Laws. 

organization and government of corpora- 
tions, such as railroad, insurance, and banking compa- 
nies; the rights and duties growing out of the domestic 
relations, as those of parent and child, husband and wife ; 
the property rights of citizens, such as the buying and 
selling, letting and hiring, of lands and houses, mortgages ; 
the buying and selling of goods and negotiable paper, 
such as promissory notes, drafts^ and the like; the dis- 
tribution of property on the death of the owner; inter- 
est and usury ; the relations of employer and employee ; 
the definition and punishment of crime ; the mode of 
procedure in courts ; and the exercise of the suffrage. 

Most of the laws passed by State Legislatures are general 
laws ; that is, they affect equally all per- 18 , General and 
sons and places within the State. The s P ecial Lotws. 
constitutions of most of the States now forbid the pas- 



248 CIVIL GOVERNMENT. 

sage of special laws, or laws affecting particular persons, 
places, or classes. 

The method of passing laws in the State Legislatures 

14. Enactment is essentially the same as that employed in 
of Laws. the Congress of the United States. Fol- 
lowing are the principal rules of procedure in most of the 
States : — 

1. A law may originate in the form of a bill in either 
House. 

2. It must pass each House by a majority of the mem- 
bers ; and, in the case of a bill " appropriating the pub- 
lic moneys or property for local or private purp6ses," it 
must receive the assent of two thirds of all the members 
of each House. 

3. If the original bill is amended in any particular in 
the other House, it must be returned to that in which it 
originated, and the amendments must be concurred in ; 
and, in case of disagreement; the bill is deemed lost. 

4. If passed, the bill goes to the governor ; and if signed 
by him, or if, during the session, it is not returned with 
his veto within ten days to the House in which it origi- 
nated, it becomes a law. If vetoed, it fails to become a 
law unless again passed by a two-thirds vote in each 
House. Further, if a bill should be passed within ten 
days before the close of the session, it would fail to be- 
come a law, unless signed by the governor within thirty 
days. In Connecticut and some other States a majority of 
the Legislature may pass a bill over the governor's veto. 

By the provisions of the Constitution of the United States, 
*~ t^t *» j. the Legislature of each State elects two 

15. JElectton of & 

United states senators to represent the State in the Sen- 
senators. ate of the United states. This is done in 

a joint meeting of the two branches of the Legislature. 



STATE GOVERNMENT. 



249 



LESSON LXXIV. — STATE GOVERNMENT, Continued. 

The chief officers of the Executive Department of a State 
government are the governor and lieuten- 

III. Executive 

ant-governor. In addition to these, there Department. 
are other officers charged with administer- *• Executive 

, ■, rr • r i n Officers. 

ing the business affairs 01 the State. 

The chief officer of the Executive branch of the State 
government is the governor, who is elected by the people 
for different terms in different States, varying from one to 
four years. The salary of the governor varies in the differ- 
ent States, from fifteen hundred dollars per year in Vermont 
and Oregon, to ten thousand dollars per year in New York, 
New Jersey, and Pennsylvania. 

Among the powers and duties conferred upon the gov- 
ernor by the constitutions of most of the States is the power 
to veto, under certain restrictions and conditions already 
described, an act of the Legislature; the power to grant 
reprieves and commutations of sentences, and to pardon 
those convicted of crime ; the power to appoint, with the 
advice and consent of the Upper House, many important 
administrative officers, and in some States, as Massachu- 
setts, to appoint the higher judges. The governor is com- 
mander-in-chief of all the military forces of the State, and 
is required to communicate by message, to the Legislature 
at every session, information regarding the condition of the 
State, and to recommend such measures as he shall deem 

expedient. 

The lieutenant-governor presides over the Upper House. 
In case of the death, resignation, incapacity, or removal 
from office, of the governor, he becomes the governor. In 
eleven States the office does not exist. 

The administrative officers are, in most of the States, a 



250 CIVIL GOVERNMENT. 

secretary of state, a comptroller or auditor, an attorney- 
s' Administra- general, and a treasurer. In some States 

tive officers, they are appointed by the governor, in some 
by the Legislature, but in most they are elected by the people. 

The secretary of state has charge of all State documents 
and the State seal. The returns of State elections are 
made to him. 

The comptroller executes all laws relating to the levying 
of taxes or the expenditure of money, and negotiates loans. 
No debt of the State can be paid without his warrant. 

The treasurer keeps the State's moneys, and pays them 
out on the warrant of the comptroller or auditor. > 

The attorney-general has charge of the legal affairs of the 
State. He conducts all lawsuits with regard to property in 
which the State has an interest, and gives legal advice to the 
governor and heads of departments, and the Legislature. 

Other officers in the employ of the State in charge of de- 
partments are the State engineer, in charge of public works ; 
and superintendents of insurance, banking, and public in- 
struction. 

In New Hampshire and Massachusetts there are coun- 
cils which assist the governor and advise in regard to legis- 
lation. 



LESSON LXXV. — STATE GOVERNMENT, Continued. 

The judicial power of the State is vested in the courts of 
the State. They possess jurisdiction in all cases not spe- 
iv. Judicial De- cially reserved by the United States Con- 
partmento stitution for the adjudication of the Federal 
courts. They are differently organized in different States. 
In most States they consist of a court of impeachment, an 
appellate court, and a supreme court, with many others of 
limited and special jurisdiction. 



STATE GOVERNMENT. 25 1 

The court of impeachment consists of the less numerous 
branch of the Legislature, — the Upper House, or Senate, 
— to which, in New York, is added the 1. court of im- 
court of appeals. It has power to try all peachment. 
indictments found against the more important State officers 
by the more numerous branch of the Legislature, — the 
Lower House, or Assembly. The procedure in impeach- 
ment cases in most of the States is similar to that of the 
Federal government. (For an account of the impeachment 
of United States officers, see pages 75, 76, 92.) 

The appellate court consists of a chief judge and associate 
judges. It sits at the capital of the State, and has jurisdic- 
tion in all questions of law in those cases 

. _ . 2. Appellate Court. 

which are brought before it on appeal from 
the supreme or circuit court. 1 Its decisions are final. 
Such appellate courts, called courts of ap- 5> supreme 
peals, are established in New York, Ken- courts. 
tucky, Maryland, New Jersey, Virginia, and West Virginia. 
In the States which have not a court of appeals, the supreme 
court ? similarly constituted, is the highest appellate court. 
The courts of limited or special jurisdiction differ greatly 
in the various States. In addition to the State courts above 
described, the county courts (page 257) are charged with 
the application of State laws. 

1 Supreme Court. — In New York and several other States this is the most 
important trialcourt of the State, and has jurisdiction in both civil and criminal 
cases. New York is divided into eight judicial districts. The first district is 
entitled to twenty-two justices; the second, to twelve; the eighth, to ten; 
the fifth and seventh, to seven each; and the third, fourth, and sixth dis- 
tricts, to six each. Any one of the justices, however, may hold court in any 
part of the State. 

Appellate Division. — The eight judicial districts of the State are divided 
into four judicial departments, in each of which is organized an appellate 
division of the supreme court, composed of five (in the first department 
seven) justices, selected by the governor from the justices of the State. 
This court has jurisdiction to hear and determine appeals from the decisions 
of the courts within the department. From its decisions appeals may be 
taken to the court of appeals in certain cases specified by statute. 

Short Civ. Gov.— 17 



252 CIVIL GOVERNMENT. 

In some of the States the judges of the State courts are 

appointed by the governor (as in Delaware, Massachusetts, 

„ ^ etc or by the Legislature (as in Connects 

4. Terms of Office. 7 J & v 

cut), and hold office for terms varying from 
one year to twenty-one years, and in some States during 
good behavior. In most States all the judges are elected. 
In New York the judges of the court of appeals are 
chosen by all the electors of the State for fourteen years ; 
the judges of the supreme court, by the electors of their 
respective judicial districts, for fourteen years. 



LESSON LXXVI. — STATE GOVERNMENT, Continued. 

Every citizen of the United States is guaranteed the 

enjoyment of certain rights. Every right implies a corre- 

r. Personal sponding duty or obligation. Thus the 

Mights. right to vote implies the duty to exercise 

that right for the best interests of the community. 

The statement of the personal rights of citizens in a 

State constitution is usually termed a bill of rights. Its 

provisions are almost identical with' those 

1. Bill of Bights. r ■ ' ■ x 

of Paragraphs (45), (46), and (86) to (94), 
of the United States Constitution. The rights thus secured 
are enjoyed by all, without distinction of sex, age, or color. 
The right of suffrage is limitedo 

The United States Constitution declares, "All persons 
born or naturalized in the United States, and subject to 
the jurisdiction thereof, are citizens of the 
tS W ' United States and of the State wherein 
they reside." It also prohibits any State law which shall 
abridge the privileges of citizens of the United States, 
and requires that the representation in Congress of any 
State which (except for crime) shall deny suffrage to such 
citizens, being male inhabitants of the State, and twenty- 



STATE GOVERNMENT. 253 

one years of age, shall be proportionally reduced. [Para- 
graph (99)]. 

It thus appears that all persons — men, women, and 
children — born or naturalized in the United States are 
citizens, but that it is left to the several States to deter- 
mine who shall exercise the right of suffrage, or the right of 
voting for State and National officers and representatives. 

The State constitutions generally agree, in giving the 
right of suffrage to all citizens of the male sex, residents 
of the State, twenty-one years of age, and 
unconvicted of heinous crime. Idiots, luna- 
tics, and paupers are denied the right to vote. Women are 
allowed by most of the States to vote on school matters ; and 
in Colorado, Wyoming, Idaho, and Utah, to vote in any 
election. 

In about one fourth of the States the right of suffrage is 
conferred upon persons of foreign birth, 

. iriii j i j .1 • W Qualifications. 

otherwise qualified, who have declared their 
intention of becoming citizens of the United States. Con- 
necticut and Massachusetts require that the voter shall be 
able to read the Constitution in the English language. 
Several southern States impose property or educational 
qualifications which exclude many negroes. 

In most States a citizen, to be entitled to vote, must have 
resided (i) in the State for one year, (2) in 

' - , /'//., < & ) Residence. 

the county for four months, and (3) in the 
election district for thirty days next preceding the election. 
In many States, prior to election in each district, the 
names of the voters are placed on what are called registry 
lists. In New York, Buffalo, Philadelphia, 

..(c) Registration. 

Chicago, and many other large cities, this 
is done on stated days before each election; but generally 
elsewhere the list is made from that of preceding years, and 
new names are added at the time of voting. 



!S4 CIVIL GOVERNMENT. 



LESSON LXXVIL— STATE GOVERNMENT, 

Continued. 

A State is divided into counties (in Louisiana, called 
parishes) and towns, as well as into congressional, sena- 

ri. Elections, torial (State), judicial, and assembly or 

i Districts. ^ representative districts. The governor and 
some other State officers are elected by all the electors or 
qualified voters of the State. The other officers and repre- 
sentatives, including those of counties and towns, are 
elected by the voters of their respective districts. > 

The general election is now held in nearly all the States 
on the first Tuesday after the first Monday 

2. Time. . J J 

in November in each year. 
The places where votes are taken are called the polls. 
These are in charge of judges or inspectors of election, ap- 
pointed or elected, representing the differ- 
ent political parties. They are open from 
sunrise to sunset on election day. 

The voting is by ballot. Each voter must cast his 
ballot in person. The right of any person to vote may be 
4. Manner of challenged by any inspector or any voter ; 
voting. but if the person challenged says upon oath 
that he has the requisite qualifications, and insists upon vot- 
ing, his vote must be received. If it should afterward ap- 
pear that he has voted illegally, he may be punished by law. 
After the polls are closed, the ballots are counted ; and 
the person having a plurality of votes, or a higher number 
than any other person, is generally declared 

&. Canvassing. J . - 

elected. In most of the New England 
States, however, a majority, or more than one half of all 
the votes given, is required for election,, 



BLACKBOARD EXERCISE. 



County, Town, City, and Village Government. 

I. County 

io Legislative. — Board of Supervisors or Commis- 
sioners. 
2o Executive. 

(a) Board of Supervisors. 

(b) Sheriff. 

(c) County Clerk. 

(d) District Attorney. 

(e) County T7-easurer. 

(f) Other Officers* 
3. Judicial. 

(a) County Court. 

(b) Surrogate's Court. 
II. 7foe>/z 

io Legislative. — 72?o//z Meeting. 
2. Executive. — Supervisor. 
3<, Judicial. — Justice's Court. 
III. CSfr 

1 . Legislative o — Board of Aldermen or Board of 

Trustees. 

2. Executive. 

(a) Mayor or President of Board of Trustees. 

(b) Treasurer. 

(c) Assessor. 

(d) Boards of Education, Excise, etc. 

3. Judicial. 

(a) Police Courts. 

(b) (9//^r Courts. 



255 



CHAPTER XXIII. 

LESSON LXXVIIL— COUNTY, TOWN, CITY, 
AND VILLAGE GOVERNMENT. 



All the States are divided into counties, excepting 
j. county Gov- Louisiana, which is divided int6 par- 
ernment. ishes. In the New England States, in 
New York, and most other States, these counties are sub- 
divided into towns or townships. Counties and townships 
have local governments organized, under general State 
laws, after the model of the State and National Gov- 
ernments, into Legislative, Executive, and Judicial Depart- 
ments. 

The lawmaking power in each county is vested in a 

board of supervisors or commissioners, one representing 

each town, or city ward or commissioner's 

1. Legislative. ... . _ _, . _ , 

district, of the county. This board meets 
at stated intervals at the county seat. It has power to 
pass laws for the proper maintenance of highways, for the 
levying of taxes upon towns for county purposes, for the 
assessment of the tax required from the county by the 
State authorities, and to provide for the care and support 
of paupers and insane persons. It also has charge of the 
county property, courthouse, jail, asylum for the insane, etc. 
In some counties there is a supervisor-at-large, elected by 
the county, who has the power to veto resolutions of the 
board. 

256 



COUNTY. TOWN, CITY, AND VILLAGE GOVERNMENT. 257 

The executive power in the county rests with the Board 
of Supervisors or Commissioners and the 

. 2. Executive, 

following officers : — 

The sheriffs who is charged with executing the decrees 
of the courts, of whatever nature; e.g., to arrest persons 
charged with crime, to take charge of the jail and the 
prisoners committed to his care, to inflict punishments, 
to collect judgments by seizing and selling the property 
of judgment debtors, and to keep the peace. 

The district attorney, who prosecutes in criminal cases, and 
is the legal adviser of the grand jury and county officers,, 

The county clerk^ who has charge of all county papers, 
records, deeds, and mortgages, and all judgments and 
decrees of the courts. In some counties the duties of 
this officer are performed by two officers, — one, the county 
clerk j and the other, the register of deeds. 

The county treasurer, who is the custodian of the funds 
of the county. 

The school commissioners, who have supervision of the 
schools and teachers in their districts. 

The coroner, who, with the assistance of a jury, inquires 
into the cause of the death of persons who die by vio- 
lence, or without the attendance of a physician. 

The county court, presided over by a judge elected by 
the county for a term of years, has jurisdiction in all 
civil cases arising in the county,^where the 

" 3o Judicial, 

amount involved does not exceed a certain 
sum (usually a thousand dollars), and in all criminal cases 
except the most serious. When sitting as a criminal court, 
it is called the court of sessions. 

The surrogate's court, ox probate or chancery court, admin- 
isters the law with regard to the property of deceased per- 
sons, and has the appointment and removal of guardians 
of the persons and estates of minors. 



258 CIVIL GOVERNMENT. 

County officers are elected, and are paid either by an- 
nual salaries or by fees. 

The town is a subdivision of the county. The lawmak- 
ing power of the town, when exercised at all, is exercised 
11. Town Gov- directly by the voters, who meet in what is 
eminent. called town meeting. They vote what sal- 
aries shall be paid to officers, and what appropriations shall 
be made for highways, for the care of the poor, and for 
other purposes. In New England, selectmen, as they are 
called, are chosen at these meetings to manage the affairs 
of the town during the intervals between meetings, and to 
carry out the laws. In other States the chief executive 
power rests with the supervisor or commissioner, who is 
also a member of the county board. Other town officers, 
elected by the people, are a clerk, assessors, collectors of 
taxes, constables, and highway commissioners. 

The judicial power of the town is exercised by the courts 
of justices of the peace. These courts have jurisdiction in 
civil matters in which amounts not to exceed a limited 
sum are involved, and in less important criminal cases. 
They have no jurisdiction where the title to houses and 
lands is involved. 



LESSON LXXIX. — COUNTY, TOWN, CITY, AND 
VILLAGE GOVERNMENT, Continued, 

Whenever population becomes so dense in one locality 
that the simple forms of town government are inadequate 
in. aty Gov- t0 tne needs of the people, that locality is 
eminent. marked off within fixed limits, and incor- 
porated as a city or a village. In some States there are 
general statutes under which villages are organized: in 
others special charters are given by the State Legislatures. 
The cities of the country are governed under special char- 



COUNTY, TOWN, CITY, AND VILLAGE GOVERNMENT. 259 

ters. The charter of a city is its constitution, or organic 
law, defining the powers and prescribing the duties of the 
various branches of its government. 

In all cases the city owes its life as a political corpora- 
tion to the State Legislature, and its charter is subject to 
change at any time by that body. 

A city remains a part of the county in which it is situ- 
ated, provided the limits of the latter exceed those of the 
former ; each of the wards into which it is divided being 
equivalent to a town, and entitled to one representative in 
the county legislature, or board of supervisors. A village, 
on the other hand, remains a part of the town in which it is 
situated. 

The powers and duties of a city government are those 
which are naturally required to meet the wants of a dense 
population. The more important are, to Powers and 
grade, pave, light, and sewer the streets ; nuues. 
to provide that no buildings dangerous to life are con- 
structed ; to maintain police for the protection of the lives 
and property of citizens, and firemen and fire-engines for 
the extinction of fires ; to prevent the spread of contagious 
diseases, and to abate nuisances; to maintain the public 
schools ; to provide an abundant supply of pure water ; to 
control the liquor traffic ; to care for the parks and other 
public places ; to collect taxes ; to regulate the public 
wharves and piers for shipping; to control public hospitals ; 
and, in general, to see that each citizen has the largest lib- 
erty of action, provided his action does not interfere with 
the liberty of his neighbor. 

For the better performance of its duties, the city govern- 
ment, like the National and State governments, is divided 
into Legislative, Executive, and Judicial Departments. 

The lawmaking power is vested in a city council, or board 
of aldermen. In some cases there is an alderman elected 



260 CIVIL GOVERNMENT. 

from each ward ; in others the members of the council are 

elected by aldermanic districts. It is the duty of this body 

to make by-laws or ordinances for the gov- 

1. Legislative. - 

ernment ot the city. Under some char- 
ters, the mayor has the right to veto a resolution of the 
council ; but it may be passed over his veto by a two-thirds 
vote of all the members. 

The principal executive officer of a city is the mayor. It 
is his duty to see that the provisions of the charter and the 

2. Executive, city ordinances are enforced. In this work 

(a) Mayor. he is assisted by a number of administra- 
tive officers, or boards of commissioners, in charge of par- 
ticular departments. The principal departments are those 
of City Works, to care for the streets, public buildings, and 
water works ; Tax Collection ; Police ; Fire ; Excise, in 
control of the liquor traffic; and Education. The last 
mentioned is generally a board,, elected, or appointed by 
the mayor, whose duty is to build the public schools, ap- 
point the teachers and city superintendent of public in- 
struction and other officers, and determine the course of 
study. In addition to all these, there is usually a corpora- 
tion counsel, who is the legal adviser of the city's offi- 
cers, and who conducts suits in court to which the city is 
a party. 

Other officers are the comptroller, who keeps the city's 

accounts, draws warrants for all payments of money upon 

the city treasurer, and issues and pays the 

(b) Other Officers. .,.;.-. ' . ,. , ,- 

city s bonds ; the city auditor, who audits 
all bills against the city ; and the city treasurer, who is the 
custodian of its funds. 

The mayor, comptroller, auditor, and treasurer are gen- 
erally elected. The other officers are usually appointed by 
the mayor, by and with the consent of the city council. 
In some cities, however, many of these officers are now 



COUNTY, TOWN, CITY, AND VILLAGE GOVERNMENT. 26 1 

appointed by the mayor alone, who thus becomes di- 
rectly responsible to the people for the conduct of the 
city government. 1 

The Judicial power of a city is primarily vested in 
police courts, which decide cases arising 

, . . , . 3. Judicial* 

under the city ordinances. 

But in some of our large cities the mass of legal business 
is so great, that the general system is inadequate to its 
performance, and hence additional courts have been es- 
tablished. 

The village organization is similar to that of the city. 
The lawmaking power is in the hands of a board of trus- 
tees elected by the voters of the village; village Gov- 
the executive power is in the hands of the eminent. 
president of this board, and the judicial power in a spe- 
cial court, all being specially provided for in the village 
charter. 

City and village officers are usually elected for one year. 
The usual administrative officers, such as treasurer, as- 
sessors, boards of education, excise commissioners, are 
either elected by the people or appointed by the exec- 
utive power. 



1 There is the greatest diversity in different cities as to the titles, duties, and 
responsibilities of city officers. The student must obtain by diligent inquiry the 
requisite information for his own locality. 



BLACKBOARD EXERCISE. 





Taxation. 


I. National. 


II. State. 




Io 


State. 


2. 


County. 


3- 


Town. 


4- 


City. 


5. 


Village. 




(a) Assessment. 




(b) Equalization. 




(c) Levying. 




(d) Collection. 




(e) Penalties. 



262 



CHAPTER XXIV. 

LESSON LXXX. —TAXATION. 



We have seen (Lesson XXVI.) that the National Gov- 
ernment has power to levy taxes to defray its expenses 
and to pay the principal and interest of the national 
debt; and that all taxes are of two kinds, — direct and in- 
direct. But to carry on the work of State, county, town, 
and city government, already described, large sums of 
money are required, which must be raised by taxation. 

These local taxes are for the most part direct taxes, 
levied on persons or on property. A tax on individuals 
is called a poll tax. Property is of two kinds, — real and 
personal. Real property, or real estate, as it is sometimes 
called, consists of lands and houses. Personal property, or 
estate, is every species of property except lands and houses. 

In order that these taxes may be justly levied, — that 
is, in order that no one man shall be compelled to pay a 
larger share in proportion to the amount of 
his property than another/ — it becomes 
important that the money value of all property shall be 
accurately determined. For this purpose, assessors, or 
boards of assessment, are appointed in towns, villages, and 
cities. They prepare lists of all the property, together 
with the owners' names, within their respective localities, 
and determine at what per cent of the actual value the 
property shall be rated for the purpose of taxation. This 
process is called assessing the property. Usually there is 
some provision made, different in different places, by which 

263 



264 CIVIL GOVERNMENT. 

a taxpayer who thinks he is assessed too high may appeal 
from the decision of the assessors, and have it reviewed. 

For the purpose of levying the taxes of the particular 
town, village, or city in which the assessment roll is pre- 
pared, the decision of the local authorities is commonly 
final ; but when a county tax is to be levied upon several 
towns and villages, or when the State tax is to be levied 
upon all the counties of the State, the matter is very dif- 
ferent. The same basis of assessment may not have been 
taken in one of the towns of a county as in another, 
or in one county of the State as in another. One town or 
county may make the basis 50 per cent, another '70 per 
cent, another 80 per cent, of the market value ; and, as 
a town or county whose property is valued at 50 per cent 
of its actual value w r ould have a proportionally smaller 
share of the county or State tax to pay than a town or 
county whose property is assessed at 80 per cent of the 
actual value, it becomes a matter of extreme importance 
to equalize the assessments of the towns in a county, and 
of the counties in a State. 

This work of equalization, or reducing assessment valu- 
ations to an equal basis, say 60 per cent of the actual 
value, is performed for the towns of a 

Equalization, 

county or the wards of a city by the board 
of supervisors, or whatever the legislative body of the 
county may be called ; and for the counties of the State, by 
a specially constituted State board of equalization. 1 

The amount of tax to be raised is determined for towns 

by town meeting or by a local board ; for 

Levying Taxes. . , . , . , 

counties, by the county legislative body; 
for villages, by the board of trustees ; for cities, by the city 

1 In New York the State Board of Equalization consists of the lieutenant- 
governor, the speaker of the Assembly, the secretary of state, the comptroller, 
the treasurer, the attorney-general, the State engineer and surveyor, and three 
State assessors. 



TAXATION. 265 

council, or a board of estimate whose decisions are subject 
to review by the council ; for the State, by the Legislature. 

The amount of the State tax is apportioned among the 
counties upon the basis of valuation fixed by the State 
Board of Equalization ; that of the county tax, by the coun- 
ty legislative body, among the towns, and wards of cities. 

As the State tax is added to the county tax, and both to 
the town tax or to the city tax, as the case may be, only one 
collection is necessary. This is made by collection of 
the tax collector of the town or city, who Taxes. 

turns over the amount collected to the city treasurer, or 
officer acting as such in a town. The city treasurer, in 
turn, remits the amount of the State and county tax to the 
county treasurer ; and the latter forwards the State tax to 
the State treasurer or to the comptroller, who places it in 
the keeping of the State treasurer. 

In a village the tax levied for the support of its govern- 
ment is usually collected by a village collector ; while the 
State, county, and town taxes are collected by the collector 
of the town of which the village forms a part. 

In school districts not forming parts of cities, the tax 
for the support of the public schools is often levied and 
collected separately by the school authorities. 

In order to secure the speedy payment of taxes, it has 
been found necessary to impose penalties for their non- 
payment. If the tax is paid before a cer- 

■" I* ethultiie s 

tain date, a rebate is sometimes given the 
taxpayer; if it is not paid before a specified time, a heavy 
rate of interest is charged from the date when it first be- 
came due. If it is left unpaid after a still further specified 
lapse of time, the property is sold at auction and a tax title 
given to the purchaser, who receives full title if, within a 
given time, the original owner does not redeem the property 
by paying all costs, with a heavy interest added. 



BLACKBOARD EXERCISE. 



Education. 



I. Reasons, 

i . To secure Intelligence. 
2. To prevent Crime. 
II. National. 

i. National Schools. 

2. Bureau of Education. 

3 . Grants of Land and Money. 



III. State. 



i. District Schools.. 

2. City Schools. 

3. Normal Schools. 

4. Universities and Colleges,. 

5. »S/^/^ Superintendent. 

6. Support. 

(a) *SV<2^ Fund. 

(b) ASV&& 7k£. 

(c) Local Taxes. 

7. Compulsory Attendance. 



266 



CHAPTER XXV. 

LESSON LXXXL — EDUCATION, 



As ours is a government of the people, by the people, 
and for the people, it long ago became with us a fixed prin- 
ciple of government that those who govern, j. Reasons for 
namely, the people, should reach the high- Education. 
est degree of intelligence attainable, that they might be 
able to govern wisely. One principal means of securing 
intelligence is education ; and, as it cannot safely be left 
to private enterprise to educate the whole mass of the peo- 
ple, common or public schools have been established for 
this purpose in every State in the Union. But this is not 
the only reason for their establishment. Idleness is one of 
the most fruitful sources of crime ; and, as some degree 
of education is necessary for the performance of almost 
any work, the common schools tend to prevent crime by 
preparing their pupils for the duties of life. It is cheaper, 
and it is better policy every way, for the State to spend 
the taxpayers' money for the support of schools than for 
the support of prisons and reformatories ; though, unfor- 
tunately, many of the latter must still be maintained. 

The work of supporting the common schools falls prin- 
cipally upon the State, but much is also done by the Na- 
tional Government. 

The United States Government maintains an academy 
at West Point for the education of army officers ; an acad- 

Short. Civ. Gov.— 18 2 6 ? 



268 CIVIL GOVERNMENT. 

emy at Annapolis for the education of naval officers ; a 
school for deaf-mutes at Washington, D.C. ; a school in 
11. National connection with the Signal Service Bureau 
Education. a t Fort Whipple, Va. ; and schools for the 
education of Indians. Congress, in 1867, established a 
Bureau of Education at Washington, which collects educa- 
tional information, and publishes it for the benefit of edu- 
cators in all parts of the country. In addition, Congress 
has frequently made large grants of land and money to the 
States for the support of schools. 

A system of common schools is now established in every 
hi. state State in the Union. The towns ot coun- 
Education. t j es are divided into school districts, and 
in each district there is at least one school. 

In the district schools, the elementary branches — read- 
ing, writing, arithmetic, geography, etc. — are taught. Pro- 
1. District vision is generally made by which two or 
schools. more districts may unite in establishing a 
union or high school, in which the higher or academic 
branches — algebra, geometry, the natural sciences, and 
sometimes languages — are taught in an elementary way. 
School trustees, or commissioners, who build school- 
houses, provide school apparatus, and employ teachers, 
are elected by the people of the district or town. In addi- 
tion, there is often a county superintendent, or other local 
officer, whose business it is to examine and license 
teachers, supervise the work of the schools, and make 
regular reports upon their condition to the State super- 
intendent. 

Systems of schools, separate from the district schools, 

are now established in all large cities. They are placed 

in charge of boards of education, in some 

2. City Schools. ° ' ■ ■ ■ . 

cases elected by the people, in some ap- 
pointed by the mayor. These boards perform duties 



EDUCATION. 269 

similar to those of the district trustees, but on a much 
larger scale, and appoint a city superintendent, who 
licenses teachers, and supervises the work of the schools. 
The city system generally embraces primary schools, gram- 
mar schools, high schools, and a training school for teach- 
ers ; and each school is under the immediate direction of 
a principal. 

As good teachers are a prime requisite in making good 
schools, most of the States have estab- 
lished normal schools for training teach- 3 - formal Schools. 
ers. 1 

Much of the higher education of the country is still in 
the hands of private institutions, many of which owe their 
origin to gifts or bequests of philanthropic 4. universities 
individuals. But State universities, which and Colleaes - 
receive the graduates of the high schools, have been estab- 
lished in most of the Western States, through a grant of 
land made for that purpose by Congress. In 1862 Con- 
gress made a grant of land to each State, the proceeds* of 
which were invested, and the income devoted to the estab- 
lishment of colleges for teaching the principles of agricul- 
ture and the mechanic arts. Such colleges have been 
established in most of the States, or have been added to 
existing institutions, the State furnishing the buildings. 

In nearly every State there is a State superintendent. 
His principal duties are, to apportion and distribute the 
money appropriated by the State for the s. state Super- 
support of schools; to hear and decide tntendent. 
appeals in controversies involving school law ; to control 
and direct teachers' institutes ; to supervise the State nor- 
mal schools j and to make a report to the Legislature at 

1 In New York such schools have been established at Albany, Brockport, 
Buffalo, Cortland, Fredonia, Geneseo, Jamaica, New Paltz, Oneonta, 
Oswego, Plattsburg, and Potsdam. In addition, there is the Normal Col- 
lege in New York City, and the Training School for Teachers in Brooklyn. 



270 CIVIL GOVERNMENT. 



each session, giving all required statistical information, 
and making such suggestions as he may think proper. 
The public schools are supported by money derived from 
three sources : (a) the income from a per- 

6. Support. \ ' ■ _ r 

manent State fund ; (b) a State tax ; and 
(c) a local tax. 

A State fund is derived from the sale of public lands 
belonging to the State, or given to it by the United States 
Government ; or from the income of money given to the 
States by Congress. By the ordinance passed in 1787 by 
the Continental Congress, for the government of the 
Northwest Territory, the sixteenth section of land i;i each 
township was set apart for the support of schools. From 
this source the Western States have derived a large school 
fund. In 1836 Congress distributed among the then 
existing States a surplus of thirty millions of dollars which 
had accumulated in the treasury. The income from this 
money, known as the United States Deposit Fund, because it 
was deposited with the several States, not given outright, 
is applied by most of the States to educational purposes. 

A State tax for the support of schools is periodically 
fixed by the Legislature of each State, and levied and 
collected in the same manner as other State taxes. 

The State school moneys, derived from the sources enu- 
merated above, are annually distributed among the school 
districts and cities of the State, on some equitable plan de- 
termined by the Legislature. 

The larger part, however, of the money required for the 
support of schools, is derived from a local tax, which is gen- 
erally levied and collected by the school officers in country 
districts, and in the regular way in cities and villages. 

Some of the States have passed laws requiring the attend- 

7. compulsory ance of every child, between certain ages, 
Attendance* upon some school, either public or private. 



BLACKBOARD EXERCISE. 



The Militia. 



I. The United States Constitution. 
II. Definition. 
III. Calling Forth. 
IV. Organization. 

i. Commander-in-chief. 

2. Brigades, Regiments ', etc. 

3. Officers. 
V. Support 



2*21 



CHAPTER XXVI. 

LESSON LXXXIL — THE MILITIA. 



Congress has power to provide for calling forth the 
militia to execute the laws of the Union, suppress insurrec- 
i The United ti° ns > an ^ re P e l invasions, and declares that 
states Constitu- the right of the people to keep and beai^ arms 
shall not be infringed. The organization 
and regulation of the militia are left in the power of the States. 
By the term. "militia" is meant the whole body of arms- 
bearing citizens, as distinguished from the 

II. Definition. , & ' TT . 10 

regular army of the United States ; but it 
is popularly applied to the volunteer regiments that form 
what is known as the National Guard of each State. 

The President has the power to decide when an exigency 
exists for calling forth the militia. He 

III. Calling Forth. . & 

makes a requisition upon the executive of 
the States ; and, when the militia is so called forth, it 
becomes a national militia. 

The governor is the commander-in-chief of the militia of 
a State, and has power to call it out to suppress insurrec- 
tion or rebellion within the State. When 

IV. Organization. , , . • -. . , , , , . 

regularly organized, it is divided into bri- 
gades, regiments, companies, etc. The officers are either 
appointed by the governor, or elected by boards of officers, 
or elected by the rank and file. 

The officers and men of the militia serve without pay; 
v. Support, but the State, or the county, or both, sup* 
ply armories, arms, and ammunition. 

2 7 2 



Scientific Memoir Series 

Edited by JOSEPH S. AMES, Ph.D. 
Johns Hopkins University 



The Free Expansion of Gases. Memoirs by Gay-Lussac, Joule, 

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A Text-Book of Psychology 

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A New Astronomy 

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Outlines of Botany 

FOR THE 

HIGH SCHOOL LABORATORY AND CLASSROOM 

BY 

ROBERT GREENLEAF LEAVITT, A.M. 
Of the Ames Botanical Laboratory- 
Prepared at the request of the Botanical Department of Harvard 

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LEAVITT'S OUTLINES OF BOTANY. Cloth, 8vo. 272 pages . $1.00 

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1. A series of laboratory exercises in the morphology and physiology 

of phanerogams. 

2. Directions for a practical study of typical cryptogams, represent- 

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3. A substantial body of information regarding the forms, activities, 

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There are 384 carefully drawn illustrations, many of them entirely 
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Birds of the United States 

A Manual for the Identification of Species East of the 

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Cooley's Student's Manual of Physics 

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Fisher's Brief History of the Nations 

AND OF THEIR PROGRESS IN CIVILIZATION 

By GEORGE PARK FISHER, LL.D. 
Professor in Yale University. 

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It explains the nature of historical evidence, and records 
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It delineates the progress of peoples and nations in 
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903 



